State v. Jabbour

The opinion of the Court was delivered by

POLLOCK, J.

This appeal, like State v. Johnson, 118 N.J. 10, 395 A.2d 570 (1990), also decided today, centers on the propriety of sentencing a sex offender to a non-custodial sentence. In each case, the Law Division sentenced the defendant to a non-custodial term on the premise that imprisonment would constitute a “serious injustice” overriding the presumption of imprisonment applicable to first- and second-degree offenses. N.J.S.A. 2C:44-ld.

Defendant, Mark Jabbour, pled guilty pursuant to a plea agreement to one count of sexual assault in violation of…