R v Brown [2020] NSWDC 925

R v Brown [2020] NSWDC 925

Given the limited role of the offender in remaining outside the premises and encouraging co-offenders and her subjective circumstances, a community corrections order rather than imprisonment is appropriate; for breach of a prior community corrections order, that order is revoked and a new order imposed for 18 months with conditions.

Parties
Crown: Regina; Offender: Pamela Helen Brown
Jurisdiction
Australia
Judgment Date
13 May 2020
Procedural Posture
Criminal / Sentence
Outcome
Community corrections orders imposed
Legal Topics
Property Offences, Remain on Land With Intent to Commit Indictable Offence, Sentencing, Good Behaviour Bond
Criminal Law Property Offences Remain on Land With Intent to Commit Indictable Offence Sentencing Good Behaviour Bond

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Parties

Regina

Crown

Pamela Helen Brown

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for offence of remain on land with intent to intimidate
  2. 2 Breach of prior community corrections order and its consequences

Ratio Decidendi

Given the limited role of the offender in remaining outside the premises and encouraging co-offenders and her subjective circumstances, a community corrections order rather than imprisonment is appropriate; for breach of a prior community corrections order, that order is revoked and a new order imposed for 18 months with conditions.

Court Disposition

Community corrections orders imposed

Orders

  • For the offence of remain on land with intent to intimidate, a Community Corrections Order is imposed for 2 years 6 months subject to standard and additional conditions of abstention from drugs and supervision.
  • For the breach of community corrections order arising from driving whilst disqualified, that order is revoked and replaced by a new Community Corrections Order for 18 months subject to standard and additional conditions of abstention and supervision.