R v Kinzett [2021] NSWDC 339

R v Kinzett [2021] NSWDC 339

Although the offender's conduct was serious and would ordinarily warrant full-time custody given his persistent offending and criminal record, his demonstrated progress in rehabilitation, severing of criminal ties, and the distinct possibility of continued reform make community protection best served by imposing an intensive correction order rather than further imprisonment.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Custodial sentence to be served by way of an intensive correction order in the community.
Legal Topics
['supply Prohibited Drug' 'sentencing' 'intensive Correction Order' 'drug Addiction' 'parity' 'rehabilitation']
['criminal Law'] ['supply Prohibited Drug' 'sentencing' 'intensive Correction Order' 'drug Addiction' 'parity' 'rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for the offender's supply of 121.2 grams of methylamphetamine?" 'Should the sentence be served by way of an intensive correction order rather than full-time custody?' "How do the offender's criminal history, rehabilitation efforts, and personal circumstances affect the sentence?"]

Ratio Decidendi

Although the offender's conduct was serious and would ordinarily warrant full-time custody given his persistent offending and criminal record, his demonstrated progress in rehabilitation, severing of criminal ties, and the distinct possibility of continued reform make community protection best served by imposing an intensive correction order rather than further imprisonment.

Court Disposition

Custodial sentence to be served by way of an intensive correction order in the community.

Orders

  • ['Offender convicted.' 'Imprisonment for 1 year and 11 months to be served by way of intensive correction order commencing 23 July 2021.' 'Report to Community Corrections Office at Wollongong by telephone no later than 7 days from 23 July 2021.' 'Standard Intensive Correction Order conditions: must not commit any...