R v Dogan [2022] NSWDC 391

R v Dogan [2022] NSWDC 391

The offending was serious and required imprisonment because a non-custodial sentence would not reflect its objective seriousness or the purposes of deterrence, denunciation and adequate punishment. However, an aggregate sentence of two years and six months imprisonment could be served by way of an Intensive Correction Order because the offender's rehabilitation was well advanced, he was engaging in suboxone and mental health treatment, had family and employment supports, had served 73 days in custody, had complied with onerous bail and parole supervision, and extended community supervision would better serve community safety and rehabilitation.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas in the Local Court
Outcome
Offender convicted and sentenced to an aggregate sentence of two years and six months imprisonment to be served by way of an Intensive Correction Order commencing on 2 September 2022.
Legal Topics
['use Offensive Weapon With Intent to Commit Indictable Offence' 'stalk/intimidate Intend Fear Physical Harm' 'common Assault' 'destroy or Damage Property Taken Into Account on Form 1' 'road Rage' 'intensive Correction Order']
['criminal Law' 'sentencing'] ['use Offensive Weapon With Intent to Commit Indictable Offence' 'stalk/intimidate Intend Fear Physical Harm' 'common Assault' 'destroy or Damage Property Taken Into Account on Form 1' 'road Rage' 'intensive Correction Order']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['Whether no penalty other than imprisonment was appropriate under s 5 of the Crimes (Sentencing Procedure) Act 1999.' 'The objective seriousness of the offences and Form 1 matters.' 'The weight to be given to aggravating factors including offending while on parole and actual or threatened use of violence.' 'The weight to be given to mitigating factors including early guilty pleas, remorse, rehabilitation, drug treatment and mental health treatment.' 'Whether the aggregate sentence should be served by way of an Intensive Correction Order.']

Ratio Decidendi

The offending was serious and required imprisonment because a non-custodial sentence would not reflect its objective seriousness or the purposes of deterrence, denunciation and adequate punishment. However, an aggregate sentence of two years and six months imprisonment could be served by way of an Intensive Correction Order because the offender's rehabilitation was well advanced, he was engaging in suboxone and mental health treatment, had family and employment supports, had served 73 days in custody, had complied with onerous bail and parole supervision, and extended community supervision would better serve community safety and rehabilitation.

Court Disposition

Offender convicted and sentenced to an aggregate sentence of two years and six months imprisonment to be served by way of an Intensive Correction Order commencing on 2 September 2022.

Orders

  • ['The offender is convicted of sequence 7, use offensive weapon with intent to commit indictable offence pursuant to s 33B(1)(a) of the Crimes Act 1900.' 'The offender is convicted of sequence 3, stalk/intimidate/intend fear physical etc harm pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act...