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R v Ann Lakiss [2018] NSWDC 309

sentence — use of carriage service to menace/harass/offend offence contrary to s 474.17(1) of Commonwealth Criminal Code — state offence — further offence of use of carriage service to menace offence contrary to s 474.17(1) of Commonwealth Criminal Code taken into account pursuant to s 16BA — general deterrence — s 16A(2)(ja) — general deterrence is important — clear message must be sent to community, and in particular like-minded members of community, that Parliament has proscribed lengthy prison terms for such offences, and that courts will impose custodial sentences in appropriate cases — specific deterrence — s 16A(2)(j) — specific deterrence is paramount consideration here also, given offender’s criminal history and history of non-compliance with court orders — antecedents — s 16A(2)(m) — nature and circumstances of the offence — s 16(2)(a) — guilty plea — s 16A(2)(g) — objective seriousness — criminal antecedents disentitle offender to any leniency in sentencing process — offender was 19 years of age at the time of offending conduct and offender’s immaturity which must be taken into account in the sentencing process — offender entitled to a utilitarian discount on sentence of 10% for late plea of guilty — lower objective seriousness of offending, significant subjective matters, including young age at time of offending, struggle with addiction to prohibited drugs, and progress made since, over a period of 3 years with rehabilitation (notwithstanding failure to complete one of three residential rehabilitation courses), and fact offender has full-time employment, lead sentencing judge to conclude that any sentence would be best served in the community by way of a Community Corrections Order — offender sentenced to Community Correction Order for a period of 22 months
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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