R v Nicholson [2021] NSWDC 614

R v Nicholson [2021] NSWDC 614

In view of the offender's background of deprivation, substance dependence, evidence of contrition and rehabilitation prospects, supported by psychiatric and corrections reports, and taking into account her early guilty plea, the objective seriousness of the crime is found below mid-range; an adjournment pursuant to s 11 Crimes (Sentencing Procedure) Act 1999 is warranted to allow for rehabilitation prior to final sentence.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Criminal / Adjournment for Sentencing After Guilty Plea
Outcome
Matter adjourned for further determination pursuant to s 11(1)(b) & s 11(1)(b2) Crimes (Sentencing Procedure) Act 1999; offender granted bail with specific conditions.
Legal Topics
['property Offences' 'larceny' 'sentencing' 'adjournment for Sentencing' 'sentencing Factors' 'form 1 Offences' 'subjective Circumstances' 'bail Pending Sentence']
['criminal Law'] ['property Offences' 'larceny' 'sentencing' 'adjournment for Sentencing' 'sentencing Factors' 'form 1 Offences' 'subjective Circumstances' 'bail Pending Sentence']

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Procedural Posture

Criminal / Adjournment for Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter and larceny offence' 'Consideration of Form 1 offences during sentencing' "Relevance of offender's background, mental health, and prospects of rehabilitation" 'Entitlement to sentencing discount for early guilty plea' 'Application of standard non-parole period provisions']

Ratio Decidendi

In view of the offender's background of deprivation, substance dependence, evidence of contrition and rehabilitation prospects, supported by psychiatric and corrections reports, and taking into account her early guilty plea, the objective seriousness of the crime is found below mid-range; an adjournment pursuant to s 11 Crimes (Sentencing Procedure) Act 1999 is warranted to allow for rehabilitation prior to final sentence.

Court Disposition

Matter adjourned for further determination pursuant to s 11(1)(b) & s 11(1)(b2) Crimes (Sentencing Procedure) Act 1999; offender granted bail with specific conditions.

Orders

  • ['Matter adjourned to 11 November 2021 for further determination of sentence.' 'Offender granted bail with conditions: to reside at Miruma diversionary program, comply with supervision and directions, participate in rehabilitation, released only via Corrective Services transport, not to leave Miruma other than...