R v Gardiner (No 2) [2011] NSWSC 240

R v Gardiner (No 2) [2011] NSWSC 240

Given the offender's guilty plea, significant delay, chronic schizophrenia amounting to mental illness at the time of the offence, and other personal circumstances, a sentence of 9 months imprisonment commencing on 24 December 2007 and expiring 23 September 2008 was appropriate. Setting a non-parole period would serve no purpose as it has already expired.

Parties
Crown: Regina; Offender: Noel Keith Gardiner
Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Sentenced to imprisonment
Legal Topics
Sentence, Remaining in Building With Intent to Commit Assault, Mental Illness, Young Aboriginal Offender
Criminal Law Sentence Remaining in Building With Intent to Commit Assault Mental Illness Young Aboriginal Offender

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Noel Keith Gardiner

Offender

Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for remaining in a building with intent to commit assault?
  2. 2 To what extent do the offender's mental illness and other personal circumstances ameliorate penalty?

Ratio Decidendi

Given the offender's guilty plea, significant delay, chronic schizophrenia amounting to mental illness at the time of the offence, and other personal circumstances, a sentence of 9 months imprisonment commencing on 24 December 2007 and expiring 23 September 2008 was appropriate. Setting a non-parole period would serve no purpose as it has already expired.

Court Disposition

Sentenced to imprisonment

Orders

  • Noel Keith Gardiner is sentenced to a term of 9 months imprisonment to commence on 24 December 2007 and to expire on 23 September 2008.
  • No non-parole period set.