R v Rudolph [2020] NSWDC 137

R v Rudolph [2020] NSWDC 137

The offender’s breaches, domestic violence context, rehabilitation efforts, prior guilty plea, and the low objective seriousness of the offences justify the imposition of concurrent Intensive Correction Orders (ICOs) instead of full-time imprisonment, and the revocation of the section 12 bond, consistent with statutory requirements and relevant case law.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted; ICOs and CCO imposed; section 12 bond revoked
Legal Topics
['violent Offences' 'common Assault' 'stalking or Intimidation' 'property Offences' 'larceny' 'break, Enter and Commit Serious Indictable Offence' 'sentencing Procedure']
['criminal Law'] ['violent Offences' 'common Assault' 'stalking or Intimidation' 'property Offences' 'larceny' 'break, Enter and Commit Serious Indictable Offence' 'sentencing Procedure']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offences warrant sentences of imprisonment or alternatives' 'Whether the section 12 bond should be revoked due to breach' 'Appropriate terms and conditions for Intensive Correction Orders and Community Correction Orders' 'Assessment of subjective circumstances and prospects of rehabilitation']

Ratio Decidendi

The offender’s breaches, domestic violence context, rehabilitation efforts, prior guilty plea, and the low objective seriousness of the offences justify the imposition of concurrent Intensive Correction Orders (ICOs) instead of full-time imprisonment, and the revocation of the section 12 bond, consistent with statutory requirements and relevant case law.

Court Disposition

Convicted; ICOs and CCO imposed; section 12 bond revoked

Orders

  • ['Section 12 bond revoked; ICO for 23 months from 9 March 2020 with standard conditions' 'Community Correction Order for section 13 (1) offence (Crimes (Domestic and Personal Violence) Act) for 6 months with standard conditions, commencing 9 March 2020' 'Intensive Correction Order for s113(2) Crimes Act offence...