R v Charlesworth [2019] NSWDC 88

R v Charlesworth [2019] NSWDC 88

Given the low objective seriousness of the offences, the early guilty plea, the offender’s age, lack of adult criminal record, mitigating mental health circumstances, and other rehabilitative factors, the appropriate sentence is a 1-year community correction order with standard and additional counselling conditions.

Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Convicted and sentenced to 1-year community correction order with conditions.
Legal Topics
['sentencing' 'mitigating Factors' 'plea of Guilty' 'community Correction Orders' 'mental Illness' 'youth Offending']
['criminal Law'] ['sentencing' 'mitigating Factors' 'plea of Guilty' 'community Correction Orders' 'mental Illness' 'youth Offending']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for a 19-year-old offender who pleaded guilty to supplying a prohibited drug, possessing cannabis, and possessing an unauthorised pistol?' 'To what extent do mitigating factors such as early plea of guilty, youth, and mental health issues affect the sentence?']

Ratio Decidendi

Given the low objective seriousness of the offences, the early guilty plea, the offender’s age, lack of adult criminal record, mitigating mental health circumstances, and other rehabilitative factors, the appropriate sentence is a 1-year community correction order with standard and additional counselling conditions.

Court Disposition

Convicted and sentenced to 1-year community correction order with conditions.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the Form 1 offences, pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, the offender is ordered to comply with a community correction order for a period of 1 year commencing today.' 'Standard conditions: Not commit any offence;...