R v Vo [2018] NSWDC 81

R v Vo [2018] NSWDC 81

Given the offender's significant time in custody, early guilty plea, family support, and rehabilitation prospects, it is appropriate to grant bail for assessment for suitability to serve sentence by Intensive Corrections Order rather than full-time custody.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Criminal / Sentence
Outcome
The offender is granted bail for the purposes of being assessed as to his suitability to serve his sentence by means of an Intensive Corrections Order. Backup offence on s 166 sequence withdrawn.
Legal Topics
['supply Prohibited Drug' 'intensive Corrections Order' 'bail Conditions' 'plea of Guilty' 'rehabilitation']
['criminal Law'] ['supply Prohibited Drug' 'intensive Corrections Order' 'bail Conditions' 'plea of Guilty' 'rehabilitation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of supplying a prohibited drug?' 'Should the offender be assessed for an Intensive Corrections Order rather than full-time custody given time already served and family support?' 'Should associated offences on Form 1 be taken into account in sentencing?' 'Effect of rehabilitation prospects and plea of guilty on sentencing outcome.']

Ratio Decidendi

Given the offender's significant time in custody, early guilty plea, family support, and rehabilitation prospects, it is appropriate to grant bail for assessment for suitability to serve sentence by Intensive Corrections Order rather than full-time custody.

Court Disposition

The offender is granted bail for the purposes of being assessed as to his suitability to serve his sentence by means of an Intensive Corrections Order. Backup offence on s 166 sequence withdrawn.

Orders

  • ['Mr Vo is granted bail for assessment for Intensive Corrections Order suitability.' 'Mr Vo is to live at XXXX.' 'He is to use no illegal drugs whatsoever.' 'Backup offence on s 166 sequence withdrawn.' 'Remarks on sentence reserved for next occasion.']