R v Elliff [2021] NSWDC 153

District Court New South Wales

Medium Neutral Citation: R v Elliff [2021] NSWDC 153 Hearing dates: 30 November 2020; 3 December 2020; 15 January 2021; 12 March 2021 Date of orders: 15 January 2021 Decision date: 15 January 2021 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: I impose an aggregate a term of imprisonment of 2 years, 3 months. The offender is referred to CCS for a sentence assessment report relating to imposition of a home detention condition and suitability for an ICO generally, pursuant to s 17D(3) of the Crimes (Sentencing Procedure) Act 1999. Pursuant to s 17C(2)(a) of the Crimes (Sentencing Procedure) Act 1999 the term of imprisonment is stayed pending the completion of the assessment: at [100]. Catchwords: SENTENCING — Mitigating factors — Good character — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend SENTENCING — Penalties — Imprisonment — Intensive correction orders — Home detention SENTENCING — Relevant factors on sentence — Co-offenders — Deterrence — Establishing relevant matters — Factual basis for sentence — Form 1 offences — General principles — Moral culpability — Objective seriousness — Purposes of sentencing SENTENCING — Sentencing procedure — Disputed facts — Findings of fact — Pre-sentence reports SENTENCING — Subjective considerations on sentence — Hardship — Mental illness — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 R v Giang [2001] NSWCCA 276 Podesta v R [2009] NSWCCA 97 R v Shortland [2018] NSWCCA 34 R v Lee [2019] NSWCCA 15 R v Kember [2020] NSWCCA 152 Dipankear v R [2010] NSWCCA 156 R v Togias (2001) 127 A Crim R 23 R v SLR (2000) 116 A Crim R 150 HJ v R [2014] NSWCCA 21 R v Pullen [2018] NSWCCA 264 R v Wany [2020] NSWCCA 318 Texts Cited: Second Reading Speech for the Crimes (Public Justice) Amendment Bill (Legislative Assembly, hansard, 17 May 1990) Category: Sentence Parties: Regina (Crown)