R v Francis [2020] NSWDC 870

R v Francis [2020] NSWDC 870

Given the objective seriousness being below mid-range, the offender's significant remorse and rehabilitation prospects, absence of prior record, and considering that the offence did not include violence, the court was just persuaded that a non-custodial sentence, specifically a 2 year community corrections order, should be imposed rather than full-time custody.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Criminal / Sentencing
Outcome
Community Corrections Order imposed for 2 years
Legal Topics
['sentencing' 'sexual Intercourse Without Consent' 'community Corrections Order' 'mitigating Factors' 'objective Seriousness' 'rehabilitation' 'remorse' 'deterrence' 'general Principles' 'mental Illness' 'hardship']
['criminal Law'] ['sentencing' 'sexual Intercourse Without Consent' 'community Corrections Order' 'mitigating Factors' 'objective Seriousness' 'rehabilitation' 'remorse' 'deterrence' 'general Principles' 'mental Illness' 'hardship']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for sexual intercourse without consent contrary to s 61I of the Crimes Act 1900' 'Whether a community corrections order is appropriate in lieu of a custodial sentence' 'Assessment of objective seriousness of the offence' 'Consideration of mitigating and aggravating factors']

Ratio Decidendi

Given the objective seriousness being below mid-range, the offender's significant remorse and rehabilitation prospects, absence of prior record, and considering that the offence did not include violence, the court was just persuaded that a non-custodial sentence, specifically a 2 year community corrections order, should be imposed rather than full-time custody.

Court Disposition

Community Corrections Order imposed for 2 years

Orders

  • ['The offender is convicted of the offence.' 'Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is to comply with a community corrections order for a period of 2 years commencing 4 December 2020.' 'Standard conditions: must not commit any offence; must appear before court if called...