R v Mercer [2021] NSWDC 784

R v Mercer [2021] NSWDC 784

The offender's respraying of four stolen Toyota Landcruiser cabins over a little more than a week, with knowledge of the illegal rebirthing activity, was objectively somewhat below the mid-range but not near the lowest end. Taking account of the early guilty plea, genuine remorse, positive subjective material, low risk of reoffending and suitability for community supervision, the appropriate starting point was two years and eight months imprisonment, reduced by 25% to two years, and it was appropriate for that sentence to be served by way of an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty
Outcome
Convicted and sentenced to two years imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['knowingly Facilitating Organised Car Rebirthing Activity' 'car Rebirthing' 'spray Painting Stolen Vehicles' 'intensive Correction Order' 'objective Seriousness' 'remorse and Subjective Circumstances']
['criminal Law' 'sentencing'] ['knowingly Facilitating Organised Car Rebirthing Activity' 'car Rebirthing' 'spray Painting Stolen Vehicles' 'intensive Correction Order' 'objective Seriousness' 'remorse and Subjective Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to knowingly facilitating organised car rebirthing activity under s 154G of the Crimes Act 1900 (NSW)." "How the objective seriousness of the offender's role in respraying four stolen Toyota Landcruisers for car rebirthing should be assessed." 'Whether the custodial sentence should be served by way of an Intensive Correction Order.']

Ratio Decidendi

The offender's respraying of four stolen Toyota Landcruiser cabins over a little more than a week, with knowledge of the illegal rebirthing activity, was objectively somewhat below the mid-range but not near the lowest end. Taking account of the early guilty plea, genuine remorse, positive subjective material, low risk of reoffending and suitability for community supervision, the appropriate starting point was two years and eight months imprisonment, reduced by 25% to two years, and it was appropriate for that sentence to be served by way of an Intensive Correction Order.

Court Disposition

Convicted and sentenced to two years imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['Sean Mercer is convicted.' 'Sean Mercer is sentenced to a term of imprisonment for a period of two years.' 'Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed is to be served by way of an Intensive Correction Order.' 'The sentence will commence on 8 October 2021.' 'Sean...