R v Robertson, R v Fisher [2017] NSWDC 377

R v Robertson, R v Fisher [2017] NSWDC 377

Given the offenders' earliest guilty pleas, demonstrated rehabilitation during the s 11 remand, employment and engagement with community corrections, and applying parity between the co-offenders, the Court determined the length of sentence and accepted the submission that each offender should be referred for assessment as to suitability to serve the sentence by means of an intensive corrections order, while taking Mr Robertson's imperfect compliance with urinalysis conditions into account and balancing it against Mr Fisher being on two s 9 bonds at the time of offending.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Criminal Sentence / Sentence Adjourned for Assessment as to Suitability to Serve Sentences by Means of an Intensive Corrections Order
Outcome
The offenders were referred for assessment as to their suitability to serve their sentences by means of an Intensive Corrections Order, and the matter was adjourned to 9 March 2018.
Legal Topics
['supply of Cocaine' 'trafficking to a Substantial Degree' 'form 1 Matter' 'dealing With Property Suspected to Be Proceeds of Crime' 'section 11 Remand' 'intensive Corrections Order' 'guilty Plea Discount' 'rehabilitation' 'parity']
['criminal Law' 'sentencing'] ['supply of Cocaine' 'trafficking to a Substantial Degree' 'form 1 Matter' 'dealing With Property Suspected to Be Proceeds of Crime' 'section 11 Remand' 'intensive Corrections Order' 'guilty Plea Discount' 'rehabilitation' 'parity']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Adjourned for Assessment as to Suitability to Serve Sentences by Means of an Intensive Corrections Order

Legal Issues

  1. 1 ['Appropriate sentence for offenders who pleaded guilty to supplying 7.28 grams of cocaine in circumstances described as trafficking to a substantial degree.' "Whether the offenders' rehabilitation and conduct during the s 11 remand justified consideration of a sentence other than full-time custody." 'Whether the offenders should be assessed as suitable to serve sentences of imprisonment by means of an Intensive Corrections Order.' 'How to account for the Form 1 matter of dealing with property suspected to be proceeds of crime.' 'How parity should operate between the co-offenders.']

Ratio Decidendi

Given the offenders' earliest guilty pleas, demonstrated rehabilitation during the s 11 remand, employment and engagement with community corrections, and applying parity between the co-offenders, the Court determined the length of sentence and accepted the submission that each offender should be referred for assessment as to suitability to serve the sentence by means of an intensive corrections order, while taking Mr Robertson's imperfect compliance with urinalysis conditions into account and balancing it against Mr Fisher being on two s 9 bonds at the time of offending.

Court Disposition

The offenders were referred for assessment as to their suitability to serve their sentences by means of an Intensive Corrections Order, and the matter was adjourned to 9 March 2018.

Orders

  • ['The offenders are referred for assessment as to their suitability to serve their sentences by means of an Intensive Corrections Order.' 'The matter is adjourned to Friday 9 March 2018.' 'The Court requests that each offender be assessed as to his suitability to serve his sentence of imprisonment by means of an...