R v Longbottom [2018] NSWDC 351

R v Longbottom [2018] NSWDC 351

Having regard to the objective seriousness of the offences, the mitigating circumstances including significant duress from domestic violence, long-term drug addiction, exceptionally high hardship to the offender’s son, and genuine prospects of rehabilitation, the appropriate sentence is an aggregate term of imprisonment of three years, to be served by way of an Intensive Correction Order with conditions.

Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate term of imprisonment of three years imposed to be served by way of Intensive Correction Order, convictions recorded for each offence.
Legal Topics
['dishonestly Obtain Property by Deception' 'break Enter and Steal' 'aggravated Break Enter and Steal' 'sentencing' 'duress' 'plea of Guilty' 'remorse' 'rehabilitation' 'domestic Violence' 'community Correction Order']
['criminal Law'] ['dishonestly Obtain Property by Deception' 'break Enter and Steal' 'aggravated Break Enter and Steal' 'sentencing' 'duress' 'plea of Guilty' 'remorse' 'rehabilitation' 'domestic Violence' 'community Correction Order']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including dishonestly obtaining property by deception, break enter and steal, aggravated break and enter, and entering dwelling with intent to steal' 'Whether duress relating to domestic violence and drug addiction should mitigate penalty' 'Whether good prospects of rehabilitation and exceptional hardship call for a non-custodial sentence']

Ratio Decidendi

Having regard to the objective seriousness of the offences, the mitigating circumstances including significant duress from domestic violence, long-term drug addiction, exceptionally high hardship to the offender’s son, and genuine prospects of rehabilitation, the appropriate sentence is an aggregate term of imprisonment of three years, to be served by way of an Intensive Correction Order with conditions.

Court Disposition

Aggregate term of imprisonment of three years imposed to be served by way of Intensive Correction Order, convictions recorded for each offence.

Orders

  • ['Offender to serve sentence by way of Intensive Correction Order from 23 November 2018 to 22 November 2021.' 'Offender to report to City Community Corrections Office on or before 4pm on 30 November 2018.' 'Standard conditions: not commit any offence and submit to supervision.' 'Additional condition: abstention from...