R v Lee [2023] NSWDC 420

R v Lee [2023] NSWDC 420

Given repeated breaches of conditional liberty, community safety is best achieved by imposing a sentence of full-time detention rather than an Intensive Correction Order. The circumstances, including the offender's remorse and the need for supervision, justify a finding of special circumstances and adjustment of parole period, but hardship to third parties is not sufficiently exceptional to affect sentencing.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
sentenced to full-time detention
Legal Topics
['sentence' 'police Pursuit' 'breach of Parole' 'intensive Correction Order' 'general Deterrence' 'community Safety']
['criminal Law'] ['sentence' 'police Pursuit' 'breach of Parole' 'intensive Correction Order' 'general Deterrence' 'community Safety']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether sentence should be served by way of Intensive Correction Order' 'Consideration of community safety under s. 66 Crimes (Sentencing Procedure) Act 1999' 'Whether hardship to third parties is exceptional enough to affect sentencing' 'Totality and special circumstances in sentence adjustment']

Ratio Decidendi

Given repeated breaches of conditional liberty, community safety is best achieved by imposing a sentence of full-time detention rather than an Intensive Correction Order. The circumstances, including the offender's remorse and the need for supervision, justify a finding of special circumstances and adjustment of parole period, but hardship to third parties is not sufficiently exceptional to affect sentencing.

Court Disposition

sentenced to full-time detention

Orders

  • ['Conviction entered for guilty plea.' 'Non-parole period of 6 months; balance of term on parole of 9 months.' 'Non-parole period from 21 August 2023 to 20 February 2024; balance of term from 21 February 2024 to 20 November 2024.' 'Offender to be released to statutory parole at expiration of non-parole period, with...