R v Barber-Battese [2024] NSWDC 627

R v Barber-Battese [2024] NSWDC 627

Given the low level of objective seriousness, the offender's early plea of guilty, evident contrition, positive prospects of rehabilitation, strong community and family support, minor criminal history, and demonstrated remorse, a sentence of two years imprisonment is appropriate, to be served in the community by way of an Intensive Corrections Order with tailored conditions, rather than by way of full-time custody.

Parties
Crown: R (NSW); Offender: Josef Barber-Battese
Jurisdiction
Australia
Judgment Date
12 September 2024
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to two years imprisonment, to be served by way of Intensive Corrections Order in the community with conditions.
Legal Topics
Sentencing, Trafficking in Controlled Drugs, Plea of Guilty, Intensive Corrections Order, Objective Seriousness, Contrition and Remorse
Criminal Law Sentencing Trafficking in Controlled Drugs Plea of Guilty Intensive Corrections Order Objective Seriousness Contrition and Remorse

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Parties

R (NSW)

Crown

Josef Barber-Battese

Offender

Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for aiding in the trafficking of a marketable quantity of cocaine under s 302.3(1) of the Criminal Code Act 1995 (Cth) given the offender's level of involvement, plea of guilty, and personal circumstances?
  2. 2 Whether an Intensive Corrections Order (ICO) is appropriate in the circumstances instead of full-time imprisonment.

Ratio Decidendi

Given the low level of objective seriousness, the offender's early plea of guilty, evident contrition, positive prospects of rehabilitation, strong community and family support, minor criminal history, and demonstrated remorse, a sentence of two years imprisonment is appropriate, to be served in the community by way of an Intensive Corrections Order with tailored conditions, rather than by way of full-time custody.

Court Disposition

Offender convicted and sentenced to two years imprisonment, to be served by way of Intensive Corrections Order in the community with conditions.

Orders

  • Two years imprisonment commencing 12 September 2024, to be served by way of Intensive Corrections Order.
  • Offender must not commit any offence.