R v Jesse John Rose [2018] NSWDC 262

R v Jesse John Rose [2018] NSWDC 262

A custodial sentence, set below the standard non-parole period, was required due to the objective seriousness of the offence, even considering the offender’s rehabilitation and mental health. The court applied principles from Muldrock, Markarian, and Loveridge, concluding that only a full-time custodial sentence was appropriate, moderated for the plea of guilty and special circumstances.

Parties
Offender: Jesse John Rose; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to total term of imprisonment of 2 years 2 months with non-parole period of 1 year 2 months.
Legal Topics
Sentencing, Reckless Wounding, Guilty Plea, General Deterrence, Intoxication, Mental Illness in Sentencing
Criminal Law Sentencing Reckless Wounding Guilty Plea General Deterrence Intoxication Mental Illness in Sentencing

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Parties

Jesse John Rose

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for reckless wounding under circumstances of intoxication and mental illness?
  2. 2 How should the standard non-parole period be applied in sentencing for this offence?
  3. 3 Is an Intensive Corrections Order appropriate in this case?

Ratio Decidendi

A custodial sentence, set below the standard non-parole period, was required due to the objective seriousness of the offence, even considering the offender’s rehabilitation and mental health. The court applied principles from Muldrock, Markarian, and Loveridge, concluding that only a full-time custodial sentence was appropriate, moderated for the plea of guilty and special circumstances.

Court Disposition

Offender sentenced to total term of imprisonment of 2 years 2 months with non-parole period of 1 year 2 months.

Orders

  • Non parole period of 1 year and 2 months, commencing 6 April 2018 and expiring 5 June 2019.
  • Parole period of 1 year from 5 June 2019.