R v SIOSAIA TUPOU [2018] NSWDC 399

R v SIOSAIA TUPOU [2018] NSWDC 399

Community safety will be served more fully by the offender serving his sentence by means of an Intensive Correction Order with additional conditions addressing rehabilitation and abstinence from illicit substances, given the deficiencies in the Sentencing Assessment Report and offender’s engagement with specialist addictive assistance.

Parties
Prosecutor: Regina (Crown); Offender: Siosaia Tupou
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Criminal / Sentence
Outcome
sentence imposed—18 months imprisonment to be served by way of Intensive Correction Order with 3 additional conditions and 2 mandatory conditions
Legal Topics
Sentencing, Supply Prohibited Drug, Intensive Correction Order
Criminal Law Sentencing Supply Prohibited Drug Intensive Correction Order

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Parties

Regina (Crown)

Prosecutor

Siosaia Tupou

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the offender should serve imprisonment by way of an Intensive Correction Order (ICO)
  2. 2 Adequacy of Sentencing Assessment Report
  3. 3 Appropriate conditions for an ICO

Ratio Decidendi

Community safety will be served more fully by the offender serving his sentence by means of an Intensive Correction Order with additional conditions addressing rehabilitation and abstinence from illicit substances, given the deficiencies in the Sentencing Assessment Report and offender’s engagement with specialist addictive assistance.

Court Disposition

sentence imposed—18 months imprisonment to be served by way of Intensive Correction Order with 3 additional conditions and 2 mandatory conditions

Orders

  • Offender to serve 18 months imprisonment by way of Intensive Correction Order commencing today.
  • Offender must not commit any offence (mandatory condition).