R v Lincoln (No 2)
Case
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[2018] NSWDC 356
•26 October 2018
Details
AGLC
Case
Decision Date
R v Lincoln (No 2) [2018] NSWDC 356
[2018] NSWDC 356
26 October 2018
CaseChat Overview and Summary
The case of R v Lincoln (No 2) involved an appeal by the offender against his sentence for various criminal offences. Lincoln had been found guilty of breaking and entering, being in company while committing the offence, and dishonestly obtaining money by deception. The matter came before the court for the purpose of determining the appropriate sentence to be imposed on the offender, taking into account his prior history and efforts at rehabilitation.
The primary legal issue the court had to address was the appropriate sentence for the offender, given his prior criminal history and the circumstances of the current offence. The court was required to balance the need for punishment and deterrence with the offender's efforts at rehabilitation, as well as the need to protect the community. The offender had previously been on remand, and had made some efforts to rehabilitate himself, but had not yet realised his prospects of rehabilitation.
The court considered the offender's prior criminal history, which included a number of offences committed over a period of several years. The court also took into account the fact that the offender had been on remand for some time, and had made some efforts to rehabilitate himself. However, the court found that the offender had not yet realised his prospects of rehabilitation, and that there was a need to protect the community from further offending. The court also noted that the offender had been in company when committing the current offence, and that a person had been present at the time of the offence. In light of these factors, the court imposed a sentence of imprisonment with a head sentence of 4 years and a non-parole period of 2 years.
The primary legal issue the court had to address was the appropriate sentence for the offender, given his prior criminal history and the circumstances of the current offence. The court was required to balance the need for punishment and deterrence with the offender's efforts at rehabilitation, as well as the need to protect the community. The offender had previously been on remand, and had made some efforts to rehabilitate himself, but had not yet realised his prospects of rehabilitation.
The court considered the offender's prior criminal history, which included a number of offences committed over a period of several years. The court also took into account the fact that the offender had been on remand for some time, and had made some efforts to rehabilitate himself. However, the court found that the offender had not yet realised his prospects of rehabilitation, and that there was a need to protect the community from further offending. The court also noted that the offender had been in company when committing the current offence, and that a person had been present at the time of the offence. In light of these factors, the court imposed a sentence of imprisonment with a head sentence of 4 years and a non-parole period of 2 years.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Break and Enter
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Dishonesty
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Company
Actions
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Citations
R v Lincoln (No 2) [2018] NSWDC 356
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
R v Lincoln
[2018] NSWDC 97
Bugmy v The Queen
[2013] HCA 37
Bugmy v The Queen
[2013] HCA 37