R v Girdler [2023] NSWDC 616

R v Girdler [2023] NSWDC 616

Given the gravity of the offences, including the planned detention and humiliation of the victim, objective seriousness, Girdler's role in facilitating the offence, and her ongoing pattern of offending, but also considering her youth, immaturity, drug use, mental illness, early guilty plea, remorse, and progress towards rehabilitation, an aggregate custodial sentence is required to achieve adequate punishment, deterrence, and protection of the community, with a reduced non-parole period to reflect mitigating factors.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed, with specified non-parole period and parole period; Intensive Correction Order not granted
Legal Topics
['sentencing' 'violent Offences' 'property Offences' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'specific Deterrence' 'instinctive Synthesis' 'youth in Sentencing' 'drug Use in Sentencing' 'mental Illness in Sentencing']
['criminal Law'] ['sentencing' 'violent Offences' 'property Offences' 'aggravating Factors' 'mitigating Factors' 'parity' 'general Deterrence' 'specific Deterrence' 'instinctive Synthesis' 'youth in Sentencing' 'drug Use in Sentencing' 'mental Illness in Sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for the offences of Take and Detain for Advantage in Company and motor vehicle offences committed by Remy Girdler, considering aggravating and mitigating factors, parity with co-offenders, and the offender's subjective circumstances?"]

Ratio Decidendi

Given the gravity of the offences, including the planned detention and humiliation of the victim, objective seriousness, Girdler's role in facilitating the offence, and her ongoing pattern of offending, but also considering her youth, immaturity, drug use, mental illness, early guilty plea, remorse, and progress towards rehabilitation, an aggregate custodial sentence is required to achieve adequate punishment, deterrence, and protection of the community, with a reduced non-parole period to reflect mitigating factors.

Court Disposition

Aggregate sentence of imprisonment imposed, with specified non-parole period and parole period; Intensive Correction Order not granted

Orders

  • ['Aggregate sentence of imprisonment of 2 years and 9 months commencing 12 October 2022' 'Non-parole period of 1 year and 8 months; parole eligibility on 11 June 2024' 'Parole period of 1 year and 1 month commencing 12 June 2024 and expiring 11 July 2025' 'Finding of special circumstances' 'Form 1 matter (petrol...