R v Cheshire-Elwin [2024] NSWDC 440

R v Cheshire-Elwin [2024] NSWDC 440

In light of the objective seriousness of the offences, offender's moral culpability was found to be significantly reduced due to traumatic upbringing, significant mental health disorders, and drug-induced state at time of offending. Good prospects of rehabilitation, strong family support, early guilty plea, expressions of remorse, and absence of serious prior offending justify imposition of intensive correction order rather than full-time imprisonment. The aggregate sentence of 3 years is proportionate, reflecting totality, with appropriate conditions to address risk of reoffending, punishment, and rehabilitation.

Parties
Prosecution: Rex; Offender: Eloise Cheshire-Elwin
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted. Aggregate sentence of 3 years imposed to be served by way of intensive correction order. No further penalty for destroy or damage property or larceny.
Legal Topics
Stalk Intimidate, Aggravated Enter Dwelling, Reckless Grievous Bodily Harm, Destroy or Damage Property, Larceny, Sentencing, Intensive Correction Order, Mental Health, Bugmy Principles, Parity
Criminal Law Stalk Intimidate Aggravated Enter Dwelling Reckless Grievous Bodily Harm Destroy or Damage Property Larceny Sentencing Intensive Correction Order +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Prosecution

Eloise Cheshire-Elwin

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple offences including reckless grievous bodily harm in company, aggravated enter dwelling, and stalk/intimidate given mental health issues, drug use, and mitigating factors
  2. 2 Application of Bugmy principles and effect of upbringing on moral culpability
  3. 3 Appropriateness of intensive correction order versus full-time imprisonment

Ratio Decidendi

In light of the objective seriousness of the offences, offender's moral culpability was found to be significantly reduced due to traumatic upbringing, significant mental health disorders, and drug-induced state at time of offending. Good prospects of rehabilitation, strong family support, early guilty plea, expressions of remorse, and absence of serious prior offending justify imposition of intensive correction order rather than full-time imprisonment. The aggregate sentence of 3 years is proportionate, reflecting totality, with appropriate conditions to address risk of reoffending, punishment, and rehabilitation.

Court Disposition

Offender convicted. Aggregate sentence of 3 years imposed to be served by way of intensive correction order. No further penalty for destroy or damage property or larceny.

Orders

  • Offender convicted of destroy or damage property (value $2,000-$5,000) and larceny, no further penalty imposed under s 10A Crimes (Sentencing Procedure) Act 1999 (NSW)
  • Aggregate sentence of 3 years imprisonment imposed