R v Konaraki [2018] NSWDC 521
Given the offender's late but first guilty plea, assistance to authorities, minor role, young age, lack of prior convictions, and excellent prospects for rehabilitation, the appropriate sentence is 18 months' imprisonment served by way of Intensive Correction Order in the community with 600 hours community service.
- Parties
- Offender: Jade Konaraki; Prosecution: The Crown
- Jurisdiction
- Australia
- Judgment Date
- 11 December 2018
- Procedural Posture
- Criminal / Sentence
- Outcome
- Intensive Correction Order for 18 months including 600 hours community service.
- Legal Topics
- Sentencing, Detaining for Financial Advantage, Joint Criminal Enterprise, Intensive Correction Order, Community Service
Case Brief
Summary, issues, holding and outcome
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Parties
Jade Konaraki
Offender
The Crown
Prosecution
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 Appropriate sentence for offender who pleaded guilty to detaining victim for financial advantage while in company
- 2 Assessment of offender's role and utilitarian value of guilty plea
- 3 Consideration of assistance to authorities
Ratio Decidendi
Given the offender's late but first guilty plea, assistance to authorities, minor role, young age, lack of prior convictions, and excellent prospects for rehabilitation, the appropriate sentence is 18 months' imprisonment served by way of Intensive Correction Order in the community with 600 hours community service.
Court Disposition
Intensive Correction Order for 18 months including 600 hours community service.
Orders
- Offender convicted and sentenced to 18 months imprisonment to be served by way of Intensive Corrections Order commencing 11 December 2018.
- Offender to complete 600 hours community service.
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