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the head sentence the CCA found that there was error. Recent supply and import sentences : 159.4 g pure- 3 yrs mt Dinic (NSW CCA 3/9/97) 321.1 grams - 3 years NPP- Wood 2008 nswcca 257 339.2 g pure- 7 yrs (4 yrs NPP) Poon (2003) 56 nswlr 284 478 g- 6 years (3.5 years. Although the bare fact of vulnerability should not be taken into account as an aggravating factor if it is an element of the offence ( Boulad 2005 nswcca 289, RJA v Regina (2008) 185 A Crim R 178 the extent of the vulnerability (for example. 16C Commonwealth Crimes Act. Statements of the offender in pre-sentence reports and reports of psychologists and psychiatrists are admissible as evidence of the truth of those statements, but technically have limited weight if the offender is not called: Quatami 2001 nswcca 353, and Palu (2002) 134 A Crim. Relevant issues are whether or not the presence of the other person had a potential effect on the victim, by way of intimidation (for example whether the presence of another person had the effect of offering suppport or encouragement to the offender, or whether. It does not apply where an offender is being sentenced for a number of offences, each with a different victim: Tadrosse (2005) 65 nswlr 740 at para 28 to 29, Janceski 2005 nswcca 288 at para 22, Kilpatrick (2005) 156 A Crim R 478. Section 28 (4) Crimes (Sentencing Procedure) Act now states that a victim impact may on the application of the prosecutor and with the leave of the court be taken into account in determining the harm caused by the victim's death to the victim's immediate family. 101A states that failure porn jigsaw to comply with a provision of the act can be taken into account by an appeal court.
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The principles in Fernando apply even if the prisoner has a long record: Cook 1999 nswcca 234, Peterson 2000 nswcca. (k) the offender abused a position of trust or authority in relation to the victim It has been held that this aggravating factor does not apply when a virtual stranger to the victim does not commit an offence in earlier encounters with the victim: MMK. 11 Crimes (Sentencing Procedure) Act,. Each was intentionally injured with the knife. In Regina v Way the NSW CCA said that matters personal to the offender such as motivation and mental illness or intellectual disability could be taken into account victoria silvstedt porn video in assessing the objective gravity of the offence (see esp para 86). "Impulse control disorders and "behavioural addictions" in the ICD11". Only in rare cases will a sentence other than a full-time custodial sentence be the appropriate sentence for manslaughter: Regina v Carroll 2008 nswcca 218. Kühn,.; Gallinat,. 21A (2) (g), 21A (3) (a) and whether or not the offence was part of a planned or arganised criminal activity (. A response to Steele et al".
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Kidnapping It has been said that the relevant factors in determining the objective gravity of an offence of kidnapping are the duration of the detention, the extent of the fear or terror occasioned, the manner of treatment and what is demanded of the victim.
However a person is not eligible to serve a sentence in a detention centre after the person has turned 21 unless the sentence or its non-parole period will expire within 6 months of the 21st birthday. Indeed, the preferable course may be to back date the sentence even to a date when the offender was not in custody: Newman and Simpson (2004) 145 A Crim R 361, Regina v Wiggins 2010 nswcca. Actual violence is not an element of robbery and as a result it is not an error to take this into account as an aggravating factor: Hamze 2006 nswcca. The number of images or items of material in a case of possession, the significance lying more in the number of different children depicted. The court must not consider a victim impact statement by a family victim unless it considers it appropriate to do so:. If the suspension of the sentence is revoked, the court must determine whether the sentence is to be served by way of full-time imprisonment, home detention or intensive correction order:. On an application under. 21A(4 it has been held that this principle still applies: Johnson 2004 nswcca 76 at para 35, Wickham 2004 nswcca 193 at para 24, and Regina v Darrell Terry McNaughton (2006) 66 nswlr 566. Weinstein,.; Lejoyeux,. Where the offence is committed before but the offender is sentenced after, the court may have a discretion to take. Where the District Court confirms a Local Court bond after an appeal from the Local Court, it does not acquire the jurisdiction to deal with a breach of the bond in the District Court: Yates v Commissioner of Corrective Services 2014 nswsc 653.