R v John [2019] NSWDC 843

District Court New South Wales

Medium Neutral Citation: R v John [2019] NSWDC 843 Hearing dates: 23 August 2019 Decision date: 30 August 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: The offender is convicted. Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, I order the offender to comply with a Community Correction Order for a period of 18 months commencing today. The conditions to apply during the term of the order are as follows: STANDARD CONDITIONS You must not commit any offence. You must appear before court if called upon to do so at any time. ADDITIONAL CONDITIONS Abstain from the consumption of prohibited drugs and drugs not prescribed for him. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance. The offender is to report to the OIC at the Albury office of CCS before close of business today, Friday 30/8/19. Catchwords: CRIMINAL – Sentence - aggravated enter dwelling with intent, knowing persons there – in company – background of abuse and neglect – degree of intellectual & psychological impairment – objective seriousness at bottom of range – other subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Regina John, Adam Representation: Counsel: Defence: Ms C Mendes