CRIME — Violent offences — Aggravated assault with intention to steal taxi — Armed with knife — Driving offences — Drive manner dangerous
SENTENCING — Relevant factors on sentence — Offender in drug-induced psychosis at time of offending — Significant mental health and drug use history — Significant criminal history — Offender has shown significant efforts at rehabilitation since offending — Offender already served 132 days in custody and 9 months in full time residential rehabilitation program — Term of imprisonment appropriate — Further period of full-time custody not in long-term best interest of Offender or community — Sentence to be served pursuant to intensive correction order
Quick Take
1Where an offender's drug-induced psychosis materially contributed to offending, and the addiction originated in severe childhood deprivation, the psychosis may reduce moral culpability and render the offender an inappropriate vehicle for general deterrence, even though s 21A(5AA) of the Crimes (Sentencing Procedure) Act 1999 (NSW) prevents self-induced intoxication being treated as a mitigating factor.
2A court may decline to impose further full-time custody where an offender's rehabilitation is at a critical juncture and returning the offender to a custodial environment would be detrimental to both the offender and the community, notwithstanding serious offending and a significant criminal history.
3A significant criminal history does not increase the objective seriousness of the offence or set the upper boundary of a proportionate sentence, but it may disentitle the offender to leniency.
