R v Lineham (No 2) [2016] NSWDC 311

R v Lineham (No 2) [2016] NSWDC 311

Given the objective seriousness of each offence, aggravating and mitigating factors, including substantial involvement in drug supply, serious harm to police officer, absence of prior convictions, low likelihood of reoffending, strong rehabilitative prospects, and extra-curial punishment, full-time imprisonment is appropriate; however, intensive correction in the community remains open subject to suitability assessment due to likely sentence length.

Parties
Crown: Regina; Offender: Mr Stuart Lineham
Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Criminal / Sentencing—post Conviction and Guilty Pleas
Outcome
The offender is directed to report to Community Corrections within 7 days for assessment of suitability for intensive correction in the community pursuant to s 69(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Topics
Sentencing, Assault Police, Supply of Prohibited Drugs, Extra Curial Punishment, Intensive Correction Order
Criminal Law Sentencing Assault Police Supply of Prohibited Drugs Extra Curial Punishment Intensive Correction Order

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Parties

Regina

Crown

Mr Stuart Lineham

Offender

Procedural Posture

Criminal / Sentencing—post Conviction and Guilty Pleas

Legal Issues

  1. 1 Objective seriousness of assault police occasioning actual bodily harm
  2. 2 Objective seriousness and aggravating factors of supply of prohibited drugs
  3. 3 Consideration of extra-curial punishment as a mitigating factor

Ratio Decidendi

Given the objective seriousness of each offence, aggravating and mitigating factors, including substantial involvement in drug supply, serious harm to police officer, absence of prior convictions, low likelihood of reoffending, strong rehabilitative prospects, and extra-curial punishment, full-time imprisonment is appropriate; however, intensive correction in the community remains open subject to suitability assessment due to likely sentence length.

Court Disposition

The offender is directed to report to Community Corrections within 7 days for assessment of suitability for intensive correction in the community pursuant to s 69(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Orders

  • The offender is directed to report to the office of Community Corrections at Leichhardt within 7 days for assessment of his suitability for intensive correction in the community pursuant to s 69(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW).