R v Vernon Campbell Chillie No. 1 [2006] NSWDC 36

R v Vernon Campbell Chillie No. 1 [2006] NSWDC 36

Despite a history of repeated offending and substance abuse, the offender's current demonstration of positive rehabilitation prospects, contrition, supportive partner, and acceptance into a residential drug treatment program warrant the imposition of a suspended sentence under s.12 Crimes (Sentencing Procedure) Act, subject to conditions that ensure community protection and ongoing rehabilitation.

Jurisdiction
Australia
Judgment Date
25 August 2006
Procedural Posture
Criminal / Sentencing
Outcome
Appropriate matter for a suspended sentence pursuant to s.12 Crimes (Sentencing Procedure) Act; matter adjourned pending Parole Board outcome; bail refused; intention indicated for two-year imprisonment with twenty months non-parole period and four-month balance.
Legal Topics
['aggravated Break and Enter' 'sentencing' 'rehabilitation' 'recidivism' 'drug Abuse' 'indigenous Offender' 'personal Deterrence' 'suspended Sentence']
['criminal Law'] ['aggravated Break and Enter' 'sentencing' 'rehabilitation' 'recidivism' 'drug Abuse' 'indigenous Offender' 'personal Deterrence' 'suspended Sentence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['assessment of objective criminality for aggravated break and enter' 'placement of offence within mid-range seriousness' 'assessment of subjective circumstances including rehabilitation prospects' 'impact of prior criminal history and drug addiction' 'appropriateness of suspended sentence under s.12 Crimes (Sentencing Procedure) Act']

Ratio Decidendi

Despite a history of repeated offending and substance abuse, the offender's current demonstration of positive rehabilitation prospects, contrition, supportive partner, and acceptance into a residential drug treatment program warrant the imposition of a suspended sentence under s.12 Crimes (Sentencing Procedure) Act, subject to conditions that ensure community protection and ongoing rehabilitation.

Court Disposition

Appropriate matter for a suspended sentence pursuant to s.12 Crimes (Sentencing Procedure) Act; matter adjourned pending Parole Board outcome; bail refused; intention indicated for two-year imprisonment with twenty months non-parole period and four-month balance.

Orders

  • ['Matter adjourned to late October pending Parole hearing.' 'Bail refused.' 'Intends to impose two years imprisonment for each offence (aggravated break and enter), taking Form 1 matter into account.' 'Intends to set non-parole period of twenty months and balance of term of four months, sentence capable of being...