R v Mitchell Cody Peck [2018] NSWDC 460

R v Mitchell Cody Peck [2018] NSWDC 460

Given the offender's minor role, lack of personal motive, immediate steps toward rehabilitation, and the seriousness of the offence increased by his breach of existing bonds, the appropriate sentence is a non-parole period of 12 months and overall imprisonment of 1 year and 9 months, to be served concurrently on both counts and backdated to reflect pre-sentence custody and restricted liberty.

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to imprisonment with specified non-parole and parole periods, sentences to be served concurrently, immediate release to parole.
Legal Topics
['sentencing' 'aggravated Kidnapping' 'joint Criminal Enterprise' 'breach of Good Behaviour Bonds' 'guilty Plea Discount']
['criminal Law'] ['sentencing' 'aggravated Kidnapping' 'joint Criminal Enterprise' 'breach of Good Behaviour Bonds' 'guilty Plea Discount']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated kidnapping in company under s 86(2)(a) Crimes Act 1900 (NSW)' 'Effect of minor role and lack of personal motive on sentencing' 'Impact of guilty plea timing on sentencing discount' 'Consideration of rehabilitation in sentencing decision' 'Relevance of current good behaviour bonds to sentencing']

Ratio Decidendi

Given the offender's minor role, lack of personal motive, immediate steps toward rehabilitation, and the seriousness of the offence increased by his breach of existing bonds, the appropriate sentence is a non-parole period of 12 months and overall imprisonment of 1 year and 9 months, to be served concurrently on both counts and backdated to reflect pre-sentence custody and restricted liberty.

Court Disposition

Offender convicted and sentenced to imprisonment with specified non-parole and parole periods, sentences to be served concurrently, immediate release to parole.

Orders

  • ['Conviction for each offence under s 86(2)(a) Crimes Act 1900 (NSW).' 'Non-parole period of 12 months commencing 15 November 2017 and expiring 14 November 2018.' 'Parole period of nine months commencing 15 November 2018 and expiring 14 August 2019.' 'Overall term of imprisonment of 1 year and 9 months, from 15...