R v Jarrod BRITT [2012] NSWDC 62

R v Jarrod BRITT [2012] NSWDC 62

A sentence of imprisonment is warranted for aggravated break enter and steal, but in light of the offender’s negligible record, early plea, remorse, supportive family, good prospects of rehabilitation, and below-middle-range seriousness, the sentence should be reduced and served by way of intensive correction order, subject to suitability assessment.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Criminal / Sentence
Outcome
Sentence imposed of 1 year and 10 months imprisonment for each offence, to be served concurrently, subject to assessment for intensive correction order. Sentence proceedings stood over for assessment. Bail continued.
Legal Topics
['sentencing' 'aggravated Break Enter and Steal' 'intensive Correction Order' 'mental Health' 'plea of Guilty' 'compensation' 'parity' 'rehabilitation']
['criminal Law'] ['sentencing' 'aggravated Break Enter and Steal' 'intensive Correction Order' 'mental Health' 'plea of Guilty' 'compensation' 'parity' 'rehabilitation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for offences of aggravated break enter and steal?' 'Is the offender eligible for an intensive correction order?' "What weight should be given to the offender's mental health condition, contrition, plea of guilty, and prospects of rehabilitation?"]

Ratio Decidendi

A sentence of imprisonment is warranted for aggravated break enter and steal, but in light of the offender’s negligible record, early plea, remorse, supportive family, good prospects of rehabilitation, and below-middle-range seriousness, the sentence should be reduced and served by way of intensive correction order, subject to suitability assessment.

Court Disposition

Sentence imposed of 1 year and 10 months imprisonment for each offence, to be served concurrently, subject to assessment for intensive correction order. Sentence proceedings stood over for assessment. Bail continued.

Orders

  • ['Sentence of 1 year and 10 months imprisonment for each aggravated break enter and steal offence, sentences to be served concurrently.' 'Order for assessment of suitability for intensive correction order under section 69(1) Crimes (Sentencing Procedure) Act 1999.' 'Offender directed to report to Lake Macquarie...