R v Lincoln [2018] NSWDC 97
The matter is adjourned for four months to allow for the possibility of Mr Lincoln entering residential rehabilitation. Consideration of rehabilitation and community benefit justifies adjournment; final sentence will be imposed after assessing outcome of rehabilitation and further period in custody may follow.
- Jurisdiction
- Australia
- Judgment Date
- 29 March 2018
- Procedural Posture
- Criminal / Sentence Hearing; Adjournment
- Outcome
- Adjourned
- Legal Topics
- ['sentence' 'break and Enter' 'dishonestly Obtaining Property by Deception' 'residential Rehabilitation' 'form 1 Offences']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence Hearing; Adjournment
Legal Issues
- 1 ['Appropriate sentence considering rehabilitation prospects and objective seriousness of offences' 'Adjournment for possible entry into residential rehabilitation under s 11 Crimes (Sentencing Procedure) Act']
Ratio Decidendi
The matter is adjourned for four months to allow for the possibility of Mr Lincoln entering residential rehabilitation. Consideration of rehabilitation and community benefit justifies adjournment; final sentence will be imposed after assessing outcome of rehabilitation and further period in custody may follow.
Court Disposition
Adjourned
Orders
- ["The matter is adjourned until 2 o'clock on 27 July 2018." 'On that date, the court will either adjourn the matter under s 11 Crimes (Sentencing Procedure) Act to allow Mr Lincoln to attend residential rehabilitation, proceed to finally sentence him, or adjourn for a short further period if residential...
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