R v Tan (No.4)

[2023] NSWDC 405

District Court

New South Wales

Medium Neutral Citation:	R v Tan (No.4) [2023] NSWDC 405
Hearing dates:	29 September 2023
Date of orders:	29 September 2023
Decision date:	29 September 2023
Jurisdiction:	Civil
Before:	Abadee DCJ
Decision:	See paragraphs 8 - 11
Catchwords:	CRIME – sentencing – assessment of community services condition to community correction order
Legislation Cited:	Nil
Cases Cited:	R v Tan (No.3) [2023] NSWDC 298
Texts Cited:	Nil
Category:	Sentence
Parties:	Office of the Director of Public Prosecution (ODPP) R Tan (Offender)
Representation:	Ms J Todhunter for the ODPP Mr D Stewart for the offender (counsel) Solicitors: ODPP Ross Hill Solicitors for the offender
File Number(s):	2021/00203497
Publication restriction:	Non-publication order in relation to the complainant’s name.

REASONS FOR JUDGMENT

Background

1. On 21 July 2023, after having indicated my inclination to order a community corrections order against this offender of 10 months’ duration, I adjourned this sentencing proceeding. This was to enable a sentencing assessment report to be obtained which was directed to exploring whether a community services condition was appropriate as an additional condition to such order. My remarks on sentence were published on Caselaw (R v Tan (No.3) [2023] NSWDC 298).

2. A sentencing assessment report (SAR) has since been received. It was prepared by the Campbelltown Community Corrections Officer. Annexed to that report is an additional case note report prepared by a psychologist of the Department of Corrective Services.

3. The SAR does, indeed, feature the officer’s opinion that a community services condition is appropriate and nominated a figure (up to 22.5) for hours of work for each month of the order. This was after the officer’s consultation with the CNSW Psychologist, amongst other things. The officer took the opportunity, further, to opine that the offender presented as a low risk of reoffending according to the LSI-R scale. The corrections officer, plainly influenced by the recommendation of the CNSW psychologist, also indicated her intention to implement a particular supervision plan. Specifically, the officer recommended that the Court order that the offender comply with a CNSW psychology assessment and recommended treatment for as long as was deemed necessary by that service.

4. The CNSW psychologist, Mr Nicholls, indicated that the nature of the offence was such that it was not amenable for any assessment of the risk of reoffending on the Static 99R scale. He indicated that a comprehensive psychological assessment was warranted for the purpose of helping to clarify dynamic risk factors pertaining to the offence and appropriate treatment options. Specifically, and on the premise the offender receives a community sentence, the psychologist envisaged that the offender may be referred to an external community -based psychologist to address any such risk factors.

5. Subsequent to the report, the Crown urged me to adopt the recommendations in the SAR. Counsel for the offender, on the other hand, effectively asked me to reconsider my ruling on 21 July 2023, reprising his contention that no further penalty upon the offender should be imposed.

6. I disagree. That is especially so in the light of the psychologist’s view that further risk assessment would be helpful.

7. It is appropriate for me to confirm the sentencing option foreshadowed and supplement it to a degree.

Orders

8. Mr Tan, please stand.

9. You are convicted of the offence of threatening to distribute an intimate image without consent.

10. You are sentenced to a community corrections order commencing 29 September 2023 and expiring on 28 July 2024, subject to:

1. the standard conditions that:

1. you must not commit any offence; and

2. you must appear before the court if called upon to do so at any time during the term of the community correction order; and

2. the additional conditions of:

1. a community services work condition requiring your performance of 100 hours;

2. you are to comply with a CNSW Psychology assessment and recommended treatment for as long as deemed necessary by that service; and

3. a supervision condition in accordance with what it outlined on p 3 of the sentencing assessment report of 18 September 2023.

11. You are to telephone Campbelltown Community Corrections Office within 7 days of these orders.

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Decision last updated: 03 October 2023