R v Jones [2018] NSWDC 439

R v Jones [2018] NSWDC 439

The court, balancing the criminogenic effect of imprisonment with the community's interest in rehabilitation, held that Mr Jones should be given a period under s11 remand, with his performance during that period to determine if a custodial sentence or an intensive corrections order is appropriate.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Sentence / Interim Sentencing (remand Under S11 Crimes (sentencing Procedure) Act)
Outcome
Remanded under s11 Crimes (Sentencing Procedure) Act with supervision and urinalysis conditions; sentence adjourned.
Legal Topics
['sentence' 'supply Prohibited Drug' 'mdma' 'intensive Corrections Order (ico)' 'community Safety' 'drug Rehabilitation']
['criminal Law'] ['sentence' 'supply Prohibited Drug' 'mdma' 'intensive Corrections Order (ico)' 'community Safety' 'drug Rehabilitation']

Case Brief

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Procedural Posture

Sentence / Interim Sentencing (remand Under S11 Crimes (sentencing Procedure) Act)

Legal Issues

  1. 1 ['Whether the offence of supplying a prohibited drug should be dealt with by way of an intensive corrections order or by full-time imprisonment' "Whether an ICO continues to be 'a sentence of considerable severity'" 'How community safety and offender rehabilitation should balance at sentencing']

Ratio Decidendi

The court, balancing the criminogenic effect of imprisonment with the community's interest in rehabilitation, held that Mr Jones should be given a period under s11 remand, with his performance during that period to determine if a custodial sentence or an intensive corrections order is appropriate.

Court Disposition

Remanded under s11 Crimes (Sentencing Procedure) Act with supervision and urinalysis conditions; sentence adjourned.

Orders

  • ['Remanded under s11 Crimes (Sentencing Procedure) Act 1999 (NSW)' 'Subject to supervision by Probation and Parole Service' 'No use of illegal drugs; regular urinalysis (fortnightly minimum)' 'Provide results to court; leave to seek relaxation if testing is prohibitive' 'Take up job offer or provide satisfactory...