R v Nichols [2016] NSWDC 91

R v Nichols [2016] NSWDC 91

Given the seriousness of the offending, but also the offender's early guilty plea, full and timely cooperation, genuine remorse, lack of prior convictions, impulsive rather than planned conduct, and good rehabilitative prospects, the sentence should be imprisonment of 23 months (discounted from a starting point of 3 years 6 months) and the offender should be assessed for suitability for an Intensive Correction Order to serve the term, with bail to continue pending assessment.

Parties
Crown: Director of Public Prosecutions; Offender: William Ronald Nichols
Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Sentence of imprisonment for 23 months. Referred for assessment for Intensive Correction Order. Bail continued.
Legal Topics
Sentence, Detain a Person for Advantage, Objective Seriousness, Early Plea, Cooperation, Remorse
Criminal Law Sentence Detain a Person for Advantage Objective Seriousness Early Plea Cooperation Remorse

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Parties

Director of Public Prosecutions

Crown

William Ronald Nichols

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of detaining a person for advantage in company causing actual bodily harm contrary to s 86(3) Crimes Act 1900?
  2. 2 How should the offender’s plea of guilty, cooperation, remorse, and lack of prior convictions affect the sentence?
  3. 3 Is the offender suitable for an Intensive Correction Order as a means of serving the sentence?

Ratio Decidendi

Given the seriousness of the offending, but also the offender's early guilty plea, full and timely cooperation, genuine remorse, lack of prior convictions, impulsive rather than planned conduct, and good rehabilitative prospects, the sentence should be imprisonment of 23 months (discounted from a starting point of 3 years 6 months) and the offender should be assessed for suitability for an Intensive Correction Order to serve the term, with bail to continue pending assessment.

Court Disposition

Convicted. Sentence of imprisonment for 23 months. Referred for assessment for Intensive Correction Order. Bail continued.

Orders

  • Convicted of offence. Sentence of 23 months imprisonment imposed, discounted for early plea and cooperation.
  • Referred for assessment as to suitability for Intensive Correction Order as a means of serving the sentence.