R v Cornwall [2012] NSWDC 183

R v Cornwall [2012] NSWDC 183

Given the objective gravity of the offences and the offender's particular vulnerabilities and prospects for rehabilitation, a term of imprisonment is required; however, referral for assessment for suitability to serve the sentence by way of an Intensive Correction Order is appropriate.

Jurisdiction
Australia
Judgment Date
15 June 2012
Procedural Posture
Criminal Proceeding / Sentencing
Outcome
Referred for assessment for Intensive Correction Order; bail continued
Legal Topics
['sentencing' 'break, Enter and Commit Serious Indictable Offence' 'aggravating Circumstances' 'intensive Correction Order']
['criminal Law'] ['sentencing' 'break, Enter and Commit Serious Indictable Offence' 'aggravating Circumstances' 'intensive Correction Order']

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Procedural Posture

Criminal Proceeding / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and commit serious indictable offence in company' 'Suitability of intensive correction order as alternative to full-time custody for offender with vulnerabilities']

Ratio Decidendi

Given the objective gravity of the offences and the offender's particular vulnerabilities and prospects for rehabilitation, a term of imprisonment is required; however, referral for assessment for suitability to serve the sentence by way of an Intensive Correction Order is appropriate.

Court Disposition

Referred for assessment for Intensive Correction Order; bail continued

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by way of an Intensive Correction Order.' 'The matter on the 166 certificate is dismissed at the request of the Crown.' 'Bail is continued for the offender.' 'A transcript of the sentencing remarks is to be ordered.']