R v Bridge Johnson [2023] NSWDC 365

R v Bridge Johnson [2023] NSWDC 365

Having regard to the offender's lesser objective seriousness compared with co-offenders, early plea, remorse, abstinence from alcohol, low risk of reoffending, good character, work history, supportive family circumstances, time already spent in custody, parity, and proportionality, the appropriate discounted and adjusted sentence was 20 months. Because section 68 did not prohibit an ICO and an ICO better served community safety and rehabilitation under section 66 than full-time custody, the sentence was to be served by way of an intensive correction order.

Jurisdiction
Australia
Judgment Date
11 September 2023
Procedural Posture
Criminal Sentence / Reasons on Sentence After Early Plea
Outcome
The offender was convicted and sentenced to 20 months imprisonment to be served by way of an intensive correction order.
Legal Topics
['recklessly Cause Grievous Bodily Harm' 'violent Offences' 'intensive Correction Order' 'parity' 'objective Seriousness' 'remorse' 'rehabilitation' 'general Deterrence' 'proportionality']
['criminal Law' 'sentencing'] ['recklessly Cause Grievous Bodily Harm' 'violent Offences' 'intensive Correction Order' 'parity' 'objective Seriousness' 'remorse' 'rehabilitation' 'general Deterrence' 'proportionality']

Case Brief

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Procedural Posture

Criminal Sentence / Reasons on Sentence After Early Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's breach of section 35(1) of the Crimes Act." 'Whether parity with co-offenders required a different sentence.' 'Whether section 68 CSPA prohibited the imposition of an intensive correction order.' 'Whether an intensive correction order was appropriate under section 66.']

Ratio Decidendi

Having regard to the offender's lesser objective seriousness compared with co-offenders, early plea, remorse, abstinence from alcohol, low risk of reoffending, good character, work history, supportive family circumstances, time already spent in custody, parity, and proportionality, the appropriate discounted and adjusted sentence was 20 months. Because section 68 did not prohibit an ICO and an ICO better served community safety and rehabilitation under section 66 than full-time custody, the sentence was to be served by way of an intensive correction order.

Court Disposition

The offender was convicted and sentenced to 20 months imprisonment to be served by way of an intensive correction order.

Orders

  • ['Of the offence under section 35(1) the offender is convicted.' 'After applying the 25% discount and allowing for time served the offender is sentenced to a term of imprisonment of 20 months dating from 11 September 2023 and expiring on 10 May 2025.' 'That term of imprisonment is to be served by way of the...