R v Ford [2020] NSWDC 917

R v Ford [2020] NSWDC 917

Given the seriousness of the offending, Ford's criminal record, the offences occurring while subject to a bond, and the need for both deterrence and community protection, a custodial sentence of substantial length is required. However, the aggregate sentence was moderated for early guilty plea, background of disadvantage, remorse, and potential for rehabilitation, with sentences balanced by principles of totality and special circumstances.

Parties
Offender: Dylan Ford; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence imposed
Legal Topics
Possess or Use a Prohibited Weapon Without Permit, Affray, Reckless Wounding, Breach of Bond, Sentencing, Community Protection, Rehabilitation
Criminal Law Possess or Use a Prohibited Weapon Without Permit Affray Reckless Wounding Breach of Bond Sentencing Community Protection Rehabilitation

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Parties

Dylan Ford

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for possession of a prohibited weapon without permit
  2. 2 appropriate sentence for affray
  3. 3 appropriate sentence for reckless wounding

Ratio Decidendi

Given the seriousness of the offending, Ford's criminal record, the offences occurring while subject to a bond, and the need for both deterrence and community protection, a custodial sentence of substantial length is required. However, the aggregate sentence was moderated for early guilty plea, background of disadvantage, remorse, and potential for rehabilitation, with sentences balanced by principles of totality and special circumstances.

Court Disposition

Aggregate sentence imposed

Orders

  • Aggregate sentence of 3 years 9 months imposed with a non-parole period of 2 years 3 months.
  • Breach of bond matters: one-month imprisonment for each, from 26 January 2020 to 25 February 2020.