R v Keane; R v Keane; R v Ponting [2019] NSWDC 591

R v Keane; R v Keane; R v Ponting [2019] NSWDC 591

In sentencing the offenders, the court considered the objective seriousness of the offences, the subjective features and histories of the offenders, their pleas of guilty, antecedents, demonstrated remorse, rehabilitative progress, and the need for both general and specific deterrence. For Jodi and Jasmine Keane, the seriousness of the offending and offending whilst on bonds required sentences of imprisonment to be served by Intensive Correction Orders, reflecting both punishment and the prospect of effective community-based supervision and rehabilitation. For Luke Ponting, given his lesser role and substantial rehabilitation, a Community Correction Order was appropriate.

Parties
Prosecution: Regina (Crown); Offender: Jodi Keane; Offender: Jasmine Keane; Offender: Luke Ponting
Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentencing (all offenders).
Legal Topics
Robbery, Assault Occasioning Actual Bodily Harm, Obtain Benefit by Deception, Sentencing, Intensive Correction Order, Community Correction Order
Criminal Law Robbery Assault Occasioning Actual Bodily Harm Obtain Benefit by Deception Sentencing Intensive Correction Order Community Correction Order

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Parties

Regina (Crown)

Prosecution

Jodi Keane

Offender

Jasmine Keane

Offender

Luke Ponting

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentences for robbery, assault occasioning actual bodily harm, and obtaining benefit by deception; consideration of objective seriousness, antecedents, remorse, rehabilitation, deterrence, parity, totality, and threshold for custodial sentence.

Ratio Decidendi

In sentencing the offenders, the court considered the objective seriousness of the offences, the subjective features and histories of the offenders, their pleas of guilty, antecedents, demonstrated remorse, rehabilitative progress, and the need for both general and specific deterrence. For Jodi and Jasmine Keane, the seriousness of the offending and offending whilst on bonds required sentences of imprisonment to be served by Intensive Correction Orders, reflecting both punishment and the prospect of effective community-based supervision and rehabilitation. For Luke Ponting, given his lesser role and substantial rehabilitation, a Community Correction Order was appropriate.

Court Disposition

Conviction and sentencing (all offenders).

Orders

  • Jodi Keane: Convicted of robbery (s94(a)) and assault occasioning actual bodily harm (s59(1)), Crimes Act 1900 (NSW). Aggregate sentence of 2 years imprisonment to be served by Intensive Correction Order commencing 11 October 2019, expiring 10 October 2021. To report to Sutherland Community Corrections within 7...
  • Jasmine Keane: Convicted of robbery (s94(a)) and obtain benefit by deception (s192E(1)), Crimes Act 1900 (NSW). Aggregate sentence of 18 months imprisonment to be served by Intensive Correction Order commencing 11 October 2019, expiring 10 April 2021. To report to City Community Corrections within 7 days. Standard...