R v ROBERTS [2011] NSWDC 212

R v ROBERTS [2011] NSWDC 212

Given the offender's plea of guilty, psychological challenges, time already spent in custody, and the potential for effective rehabilitation under intensive supervision, it is appropriate to adjourn and refer the offender for assessment for suitability to serve sentence by way of Intensive Correction Order rather than impose a further term of full-time imprisonment.

Jurisdiction
Australia
Judgment Date
03 November 2011
Procedural Posture
Criminal / Sentence Hearing
Outcome
Sentence hearing adjourned; offender referred for assessment for Intensive Correction Order suitability.
Legal Topics
['cultivate Commercial Quantity of Prohibited Plant' 'cannabis' 'possess Lsd' 'use Electricity Without Authority' 'interfering With Network Operators' 'possess Protected Fauna' 'sentence' 'intensive Correction Order Assessment']
['criminal Law'] ['cultivate Commercial Quantity of Prohibited Plant' 'cannabis' 'possess Lsd' 'use Electricity Without Authority' 'interfering With Network Operators' 'possess Protected Fauna' 'sentence' 'intensive Correction Order Assessment']

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Procedural Posture

Criminal / Sentence Hearing

Legal Issues

  1. 1 ['Appropriate sentence for cultivate a commercial quantity of cannabis by indoor means' 'Whether sentence should be served by way of Intensive Correction Order' 'Considerations regarding rehabilitation versus deterrence']

Ratio Decidendi

Given the offender's plea of guilty, psychological challenges, time already spent in custody, and the potential for effective rehabilitation under intensive supervision, it is appropriate to adjourn and refer the offender for assessment for suitability to serve sentence by way of Intensive Correction Order rather than impose a further term of full-time imprisonment.

Court Disposition

Sentence hearing adjourned; offender referred for assessment for Intensive Correction Order suitability.

Orders

  • ['Adjourn matter to 9 December 2011 at 2pm.' 'Order assessment as to suitability for Intensive Correction Order.']