R v Jarrod BRITT [2012] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Jarrod BRITT [2012] NSWDC 62 Decision date: 15 February 2012 Before: Cogswell SC DCJ Decision: For the two offences of break enter and steal I sentence you to 1 year and 10 months imprisonment. Sentences imposed concurrently as the offences occurred very close in time. Under section 7 of the Crimes (Sentencing Procedure) Act 1999, I make an intensive correction order directing that the sentence be served by way of intensive correction in the community Catchwords: CRIMINAL LAW - Sentence - relevant factors - prior criminality - minor record - gravity of offence - below middle of the range of seriousness - parity - co-offender serious criminal record, committed offence whilst on conditional liberty - premeditation - hours of planning - mental disorder - emotional reaction rather than mental health condition - little weight - response to charges - contrition - prepared to pay compensation - early plea of guilty - supportive family - good prospects of rehabilitation - imprisonment only alternative but referred for assessment for Intensive Corrections Order. Legislation Cited: Crimes Act 1900, s 112(2) Crimes (Sentencing Procedure) Act 1999, s 7, s 9, s 10, s 67 and s 69(1) Cases Cited: R v Hemsley [2004] NSWCCA 228 Muldrock v The Queen (2011) 85 ALRJ 1154; [2011] HCA 39 Category: Sentence Parties: Regina (Crown) Jarrod BRITT (Offender) Representation: Solicitors: Director of Public Prosecutions (Crown) Morelaw Solicitors and Barristers (Offender) File Number(s): DC 2010/427847