R v Hasselberg [2023] NSWDC 601

R v Hasselberg [2023] NSWDC 601

Although no penalty other than imprisonment was appropriate, the offence was towards the bottom of the low range of objective seriousness, involved minimal planning, no actual violence and a small amount of money, and the offender's moral culpability was reduced by mental conditions and substance use causally related to the offending. Given his youth, remorse, vulnerability in custody and need for structured rehabilitation, community safety was best served by a 2 year sentence of imprisonment served by way of an Intensive Corrections Order with supervision, treatment and community service conditions.

Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea in the Local Court
Outcome
Taine Hasselberg was convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Corrections Order.
Legal Topics
['robbery Armed With an Offensive Weapon' 'intensive Correction Order' 'guilty Plea Discount' 'mental Health and Substance Use in Sentencing' 'rehabilitation' 'general and Specific Deterrence']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'intensive Correction Order' 'guilty Plea Discount' 'mental Health and Substance Use in Sentencing' 'rehabilitation' 'general and Specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for robbery armed with an offensive weapon contrary to section 97(1) Crimes Act 1900.' 'Whether the sentence of imprisonment should be served by way of an Intensive Corrections Order.' "What weight should be given to the offender's youth, mental condition, substance use, remorse, rehabilitation prospects and vulnerability in custody."]

Ratio Decidendi

Although no penalty other than imprisonment was appropriate, the offence was towards the bottom of the low range of objective seriousness, involved minimal planning, no actual violence and a small amount of money, and the offender's moral culpability was reduced by mental conditions and substance use causally related to the offending. Given his youth, remorse, vulnerability in custody and need for structured rehabilitation, community safety was best served by a 2 year sentence of imprisonment served by way of an Intensive Corrections Order with supervision, treatment and community service conditions.

Court Disposition

Taine Hasselberg was convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Corrections Order.

Orders

  • ['Taine Hasselberg is convicted.' 'After taking into account the discount for the plea of guilty and 3 months of presentence custody, a term of imprisonment of 2 years is imposed.' 'Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO commencing on 3...