R v Su [2021] NSWDC 788

R v Su [2021] NSWDC 788

The aggregate sentence of two years' imprisonment is appropriate, reduced for the early guilty plea and served by way of Intensive Correction Order in the community, as the threshold for imprisonment is met but community safety and strong prospects of rehabilitation support an ICO over full-time custody.

Jurisdiction
Australia
Judgment Date
23 October 2021
Procedural Posture
Criminal / Sentence
Outcome
Intensive Correction Order with fines
Legal Topics
['sentencing' 'break and Enter' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'firearms Offences' 'rehabilitation' 'prospects of Rehabilitation' 'imprisonment Threshold' 'intensive Correction Order']
['criminal Law'] ['sentencing' 'break and Enter' 'intimidation' 'assault Occasioning Actual Bodily Harm' 'firearms Offences' 'rehabilitation' 'prospects of Rehabilitation' 'imprisonment Threshold' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender has good prospects of rehabilitation' 'Whether the statutory threshold for imprisonment under s 5 is crossed' 'Whether an Intensive Correction Order is appropriate for the aggregate sentence']

Ratio Decidendi

The aggregate sentence of two years' imprisonment is appropriate, reduced for the early guilty plea and served by way of Intensive Correction Order in the community, as the threshold for imprisonment is met but community safety and strong prospects of rehabilitation support an ICO over full-time custody.

Court Disposition

Intensive Correction Order with fines

Orders

  • ['Imprisonment for two years commencing 13 October 2021, to be served by way of Intensive Correction Order (ICO) in the community, with conditions: not commit any offence; submit to supervision by Community Corrections Officer; participate in rehabilitation/treatment program; abstain from alcohol; report by...