R v Mather [2019] NSWDC 210

R v Mather [2019] NSWDC 210

A sentence of two years' imprisonment is appropriate due to the gravity of the offences, prior criminal record, and the aggravating factor of being on a bond at the time, but the sentence should be served by way of an intensive corrections order in the community due to rehabilitation prospects, contrition, ongoing mental health treatment, and the greater likelihood of reducing reoffending through supervision and rehabilitation.

Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Sentence / Sentencing Decision
Outcome
Convicted. Two years' imprisonment to be served as an Intensive Corrections Order.
Legal Topics
['property Offences' 'break and Enter' 'sentencing Procedure' 'intensive Corrections Order']
['criminal Law'] ['property Offences' 'break and Enter' 'sentencing Procedure' 'intensive Corrections Order']

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Procedural Posture

Sentence / Sentencing Decision

Legal Issues

  1. 1 ['What is the appropriate sentence for an offender who pleaded guilty to break and enter and additional property offences?' 'How should the court take into account offences on a Form 1 in sentencing?' 'Is the offender suitable for an Intensive Corrections Order given offending history, mental health, and rehabilitation prospects?']

Ratio Decidendi

A sentence of two years' imprisonment is appropriate due to the gravity of the offences, prior criminal record, and the aggravating factor of being on a bond at the time, but the sentence should be served by way of an intensive corrections order in the community due to rehabilitation prospects, contrition, ongoing mental health treatment, and the greater likelihood of reducing reoffending through supervision and rehabilitation.

Court Disposition

Convicted. Two years' imprisonment to be served as an Intensive Corrections Order.

Orders

  • ['Offender convicted.' 'Sentence of imprisonment for two years to be served by way of Intensive Corrections Order in the community commencing 28 May 2019.' 'Standard and additional conditions imposed under s 73 and s 73A Crimes (Sentencing Procedure) Act 1999, including drug abstention and ongoing rehabilitation...