R v ELLIS [2022] NSWDC 112

R v ELLIS [2022] NSWDC 112

The objective seriousness of the offender's participation in the robbery was low given her limited role and lack of prior planning; her criminal history does not wholly disentitle her to leniency. The likelihood of rehabilitation is high given family support and treatment. Imposing a term of imprisonment to be served by way of an intensive correction order (ICO) best addresses her risk of reoffending, in light of community safety, prospects for rehabilitation, and overall sentencing purposes. For drug possession, community correction orders are appropriate given the minor nature of the offences.

Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted; term of imprisonment imposed for robbery to be served as intensive correction order; community corrections orders for drug possession charges.
Legal Topics
['robbery' 'possess Prohibited Drug' 'sentencing' 'intensive Correction Order' 'community Correction Order']
['criminal Law'] ['robbery' 'possess Prohibited Drug' 'sentencing' 'intensive Correction Order' 'community Correction Order']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for participation in a joint criminal enterprise robbery under s94(a) Crimes Act 1900 (NSW)?' 'Should an intensive correction order (ICO) or full-time imprisonment be imposed?' 'What is the appropriate sentence for possession of prohibited drugs under s10 Drugs Misuse and Trafficking Act 1995 (NSW)?']

Ratio Decidendi

The objective seriousness of the offender's participation in the robbery was low given her limited role and lack of prior planning; her criminal history does not wholly disentitle her to leniency. The likelihood of rehabilitation is high given family support and treatment. Imposing a term of imprisonment to be served by way of an intensive correction order (ICO) best addresses her risk of reoffending, in light of community safety, prospects for rehabilitation, and overall sentencing purposes. For drug possession, community correction orders are appropriate given the minor nature of the offences.

Court Disposition

Offender convicted; term of imprisonment imposed for robbery to be served as intensive correction order; community corrections orders for drug possession charges.

Orders

  • ['Offender convicted of robbery under s94(a) Crimes Act 1900 (NSW).' 'Sentenced to 2 years imprisonment from 14 April 2022 to 13 April 2024, to be served by way of intensive correction order (ICO) with conditions.' 'ICO standard conditions: not to commit offences, supervision by community corrections, attend...