R v AM [2012] NSWSC 1635

R v AM [2012] NSWSC 1635

The affray was objectively a particularly serious example because it involved planning, a large group, weapons including firearms, actual violence, and risk to members of the public, but AM's individual culpability was among the lowest: he was 15, was unarmed, had no reliable proven knowledge of firearms, did not inflict violence, attempted to withdraw by locking the car door, had no criminal history, pleaded guilty, spent almost four months in custody, and had sound prospects of rehabilitation. Taking those factors together, imprisonment was not the requisite penalty and a conviction with a s 9 good behaviour bond was appropriate.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal Sentence for Affray / Sentence After Plea of Guilty
Outcome
Convicted of affray and ordered to enter a good behaviour bond for three years under s 9 of the Crimes (Sentencing Procedure) Act.
Legal Topics
['affray' 'plea of Guilty' 'parity' 'objective Gravity' 'juvenile Offender' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['affray' 'plea of Guilty' 'parity' 'objective Gravity' 'juvenile Offender' 'good Behaviour Bond']

Case Brief

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Procedural Posture

Criminal Sentence for Affray / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to affray committed when he was 15 years old." 'How the objective seriousness of the affray should be assessed where firearms were discharged and an innocent bystander was killed, without sentencing the offender for manslaughter.' "What weight should be given to parity with co-offenders, the offender's limited role, youth, lack of criminal history, plea of guilty, time in custody, and prospects of rehabilitation."]

Ratio Decidendi

The affray was objectively a particularly serious example because it involved planning, a large group, weapons including firearms, actual violence, and risk to members of the public, but AM's individual culpability was among the lowest: he was 15, was unarmed, had no reliable proven knowledge of firearms, did not inflict violence, attempted to withdraw by locking the car door, had no criminal history, pleaded guilty, spent almost four months in custody, and had sound prospects of rehabilitation. Taking those factors together, imprisonment was not the requisite penalty and a conviction with a s 9 good behaviour bond was appropriate.

Court Disposition

Convicted of affray and ordered to enter a good behaviour bond for three years under s 9 of the Crimes (Sentencing Procedure) Act.

Orders

  • ['AM is convicted of the offence of affray.' 'AM is to enter a bond under s 9 of the Crimes (Sentencing Procedure) Act to be of good behaviour for a period of three years to date from 14 December 2012.']