R v Lonesborough [2020] NSWDC 825

R v Lonesborough [2020] NSWDC 825

Despite seriousness of the offence, the offender's mental illness and background significantly reduce his moral culpability; only a full-time custodial sentence is appropriate, tempered by a finding of special circumstances to promote rehabilitation.

Parties
Offender: Steven Matthew Lonesborough; Prosecution: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
08 October 2020
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced to a term of imprisonment of 3 years 4 months, non-parole period 1 year 8 months
Legal Topics
Detain a Person With Intent to Obtain an Advantage, Aggravated by Causing Actual Bodily Harm, Sentencing, Mentally Ill Offender, Early Guilty Plea
Criminal Law Detain a Person With Intent to Obtain an Advantage Aggravated by Causing Actual Bodily Harm Sentencing Mentally Ill Offender Early Guilty Plea

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Steven Matthew Lonesborough

Offender

Director of Public Prosecutions

Prosecution

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for detaining a person with intent to obtain an advantage aggravated by causing actual bodily harm
  2. 2 Consideration of mental illness and drug use in sentencing
  3. 3 Impact of early guilty plea on sentence

Ratio Decidendi

Despite seriousness of the offence, the offender's mental illness and background significantly reduce his moral culpability; only a full-time custodial sentence is appropriate, tempered by a finding of special circumstances to promote rehabilitation.

Court Disposition

convicted and sentenced to a term of imprisonment of 3 years 4 months, non-parole period 1 year 8 months

Orders

  • You are convicted and sentenced to a term of imprisonment of 3 years 4 months consisting of a non-parole period of 1 year 8 months to commence on 12/10/2019 and expire on 11/06/2021.
  • You will be eligible for consideration for release to parole on 12 June 2021.