R v Hunter [2021] NSWDC 728

R v Hunter [2021] NSWDC 728

The offences warranted imprisonment, with both principal offences assessed as below the midrange but not low range and aggravated by commission while on conditional liberty. After applying the guilty plea discount, taking Form 1 matters into account, and allowing for the offender's youth, early drug addiction, rehabilitation, time in custody and quasi-custody, an aggregate term initially assessed at 3 years was reduced to 1 year and 10 months. Because community safety, risk of reoffending and rehabilitation favoured community-based supervision and the offender was suitable for an ICO, the imprisonment was ordered to be served by way of Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment to be served in the community by way of Intensive Correction Order.
Legal Topics
['robbery in Company' 'demanding Property With Menaces With Intent to Steal' 'form 1 Offences' 'conditional Liberty' 'intensive Correction Order' 'quasi Custody' 'drug Addiction' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['robbery in Company' 'demanding Property With Menaces With Intent to Steal' 'form 1 Offences' 'conditional Liberty' 'intensive Correction Order' 'quasi Custody' 'drug Addiction' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company and demanding property with menaces with intent to steal, taking into account Form 1 matters.' 'Whether the offences were aggravated because they were committed while the offender was on conditional liberty.' "How the offender's youth, early drug addiction, rehabilitation efforts, guilty plea, time in custody and quasi-custody should affect sentence." 'Whether the term of imprisonment should be served in the community by way of an Intensive Correction Order.']

Ratio Decidendi

The offences warranted imprisonment, with both principal offences assessed as below the midrange but not low range and aggravated by commission while on conditional liberty. After applying the guilty plea discount, taking Form 1 matters into account, and allowing for the offender's youth, early drug addiction, rehabilitation, time in custody and quasi-custody, an aggregate term initially assessed at 3 years was reduced to 1 year and 10 months. Because community safety, risk of reoffending and rehabilitation favoured community-based supervision and the offender was suitable for an ICO, the imprisonment was ordered to be served by way of Intensive Correction Order.

Court Disposition

Offender convicted and sentenced to imprisonment to be served in the community by way of Intensive Correction Order.

Orders

  • ['Ethan Hunter is convicted of the offences before the Court.' 'Ethan Hunter is sentenced to a term of imprisonment of 1 year and 10 months.' 'The term of imprisonment is to be served in the community by way of Intensive Correction Order.' 'The Intensive Correction Order commences on 15 December 2021 and expires on...