R v Macey [2019] NSWDC 664

R v Macey [2019] NSWDC 664

Given the objective seriousness of the offences and the offender's secondary but active role, weighed against his young age, lack of criminal history, very strong prospects for rehabilitation, remorse, voluntary disclosure, and the paramount consideration of community safety, the aggregate sentence of 2 years, 5 months imprisonment should be served by way of an intensive corrections order with stringent conditions rather than full time custody.

Parties
Prosecution: Regina (Crown); Offender: Reece Macey
Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Aggregate sentence of 2 years 5 months imprisonment to be served by way of an intensive corrections order with standard and additional conditions; confiscation order made.
Legal Topics
Sentencing, Mitigating Factors, Assistance to Law Enforcement, Good Character, Plea of Guilty, Rehabilitation, Remorse, Intensive Corrections Order, Form 1 Offences, Multiple Offences, Objective Seriousness, Voluntary Disclosure, Age of Offender, Drug Addiction
Criminal Law Sentencing Mitigating Factors Assistance to Law Enforcement Good Character Plea of Guilty Rehabilitation Remorse +7 more

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Parties

Regina (Crown)

Prosecution

Reece Macey

Offender

Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offender given the offences?
  2. 2 Should a term of full time custody or an intensive corrections order be imposed?
  3. 3 What discounts (if any) should be applied for plea of guilty and assistance to authorities?

Ratio Decidendi

Given the objective seriousness of the offences and the offender's secondary but active role, weighed against his young age, lack of criminal history, very strong prospects for rehabilitation, remorse, voluntary disclosure, and the paramount consideration of community safety, the aggregate sentence of 2 years, 5 months imprisonment should be served by way of an intensive corrections order with stringent conditions rather than full time custody.

Court Disposition

Aggregate sentence of 2 years 5 months imprisonment to be served by way of an intensive corrections order with standard and additional conditions; confiscation order made.

Orders

  • Offender convicted of each offence.
  • Indicative sentences: offence 002 – 9 months; offence 003 (with Form 1 offence 005) – 18 months; offence 006 – 12 months; offence 008 – 9 months.