R v Ann Lakiss [2018] NSWDC 309

R v Ann Lakiss [2018] NSWDC 309

Given the objective seriousness at the lower ends for the offences, significant subjective factors including the offender's youth, efforts at rehabilitation, and progress since the offending, and the preference for rehabilitation over incarceration, sentencing best served in the community via Community Correction Orders was justified instead of imprisonment.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Sentence / Decision
Outcome
Community Correction Orders imposed
Legal Topics
['stalking' 'intimidation' 'use of Carriage Service to Menace/harass/offend' 'sentencing' 'community Correction Order']
['criminal Law'] ['stalking' 'intimidation' 'use of Carriage Service to Menace/harass/offend' 'sentencing' 'community Correction Order']

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Procedural Posture

Sentence / Decision

Legal Issues

  1. 1 ['Whether the offender should be sentenced to imprisonment or a Community Correction Order for stalking/intimidation and use of carriage service to menace/harass/offend' 'Assessment of objective seriousness and aggravating factors in the offending' 'Appropriateness of concurrency and sentencing under NSW/state and Commonwealth provisions']

Ratio Decidendi

Given the objective seriousness at the lower ends for the offences, significant subjective factors including the offender's youth, efforts at rehabilitation, and progress since the offending, and the preference for rehabilitation over incarceration, sentencing best served in the community via Community Correction Orders was justified instead of imprisonment.

Court Disposition

Community Correction Orders imposed

Orders

  • ['Convicted for use carriage service to menace/harass/offend (s 474.17(1) Criminal Code Act 1995) - Community Correction Order for 6 months from 26 October 2018' 'Convicted for stalk/intimidate intending to cause fear (s 13(1) Crimes (Domestic and Personal Violence) Act 2007) - Community Correction Order for 22...