R v Crumpton (No. 2)

[2017] NSWCCA 3

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	R v Crumpton (No. 2) [2017] NSWCCA 3
Hearing dates:	On the papers
Date of orders:	03 February 2017
Decision date:	03 February 2017
Before:	Beazley P at [1] Davies J at [1] Garling J at [1]
Decision:	1. Respondent sentenced on Count 2 to a period of imprisonment for 21 months commencing 3 February 2017 and expiring 2 November 2018 and on Count 3 to a period of imprisonment for 12 months commencing 3 February 2018 and expiring 2 February 2019. The total sentence is one of imprisonment for two years. 2. The sentence should be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).
Legislation Cited:	Crimes (Administration of Sentences) Regulation 2014 (NSW)
Category:	Principal judgment
Parties:	Crown (Applicant) John Patrick Crumptom (Respondent)
Representation:	Counsel: S Dowling SC (Appellant) A J Bellanto QC & G O’Shannessy (Respondent)   Solicitors: Solicitor for Public Prosecutions (Respondent) J Fuggle (Respondent)
File Number(s):	2014/252492
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 28 April 2016 Before: North DCJ File Number(s): 2014/252492

Judgment OF THE COURT

1. The Court has received an Intensive Correction Order Assessment Report from which it appears Mr Crumpton’s personal circumstances are reasonably stable and that he has strong family and community support. He has been assessed at a low risk of reoffending. His criminogenic needs are said to be consequential decision making.

2. The report indicates that his employer is prepared to facilitate time off from work that is required for Mr Crumpton to attend interviews and report to a community work agency as required.

3. The author of the report has assessed him as suitable for an Intensive Correction Order and notes that he has signed an undertaking to comply with all of the obligations of an Intensive Correction Order.

4. Accordingly, the Respondent should be sentenced on Count 2 to a period of imprisonment for 21 months commencing 3 February 2017 and expiring 2 November 2018 and on Count 3 to a period of imprisonment for 12 months commencing 3 February 2018 and expiring 2 February 2019. The total sentence is one of imprisonment for two years and the sentence should be served by way of an Intensive Correction Order. The Intensive Correction Order is subject to the mandatory conditions imposed by clause 186 of the Crimes (Administration of Sentences) Regulation 2014 (NSW).

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Decision last updated: 06 April 2018