R v Paul Robert SMITH [2006] NSWDC 156
Remand granted under s11 Crimes (Sentencing Procedure) Act due to offender's medical needs and prospects for rehabilitation; full time custody a possible outcome if rehabilitation does not occur.
- Jurisdiction
- Australia
- Judgment Date
- 01 June 2006
- Procedural Posture
- Criminal / Sentence
- Outcome
- Remanded under s11 Crimes (Sentencing Procedure) Act 1999 for assessment of rehabilitation and medical needs; bail granted with conditions; sentencing adjourned.
- Legal Topics
- ['demand Money With Menaces' 'sentencing' 'remand Under S11']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentence
Legal Issues
- 1 ['Appropriate sentence for demand money with menaces' "Impact of offender's disability on sentencing" 'Consideration of victim impact statement' 'Application of s11 Crimes (Sentencing Procedure) Act']
Ratio Decidendi
Remand granted under s11 Crimes (Sentencing Procedure) Act due to offender's medical needs and prospects for rehabilitation; full time custody a possible outcome if rehabilitation does not occur.
Court Disposition
Remanded under s11 Crimes (Sentencing Procedure) Act 1999 for assessment of rehabilitation and medical needs; bail granted with conditions; sentencing adjourned.
Orders
- ['Matter adjourned until 16 February 2007; offender required to appear.' 'Updated pre-sentence report ordered for adjourned date.' 'Bail granted subject to conditions: report to Probation and Parole Service, reside with parents or notify change of address, be of good behaviour, not possess knife except for cutlery,...
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