R v Marshall [2020] NSWDC 463

R v Marshall [2020] NSWDC 463

The sentence reflects the seriousness of the aggravated robbery, the ongoing pattern of offending, Marshall's background and institutionalisation, the breach of parole, and the utilitarian benefit of an early guilty plea with special circumstances considered. Individualised treatment and supervised release are intended to assist rehabilitation and protect the community.

Parties
Offender: Michael Ian Marshall; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Aggravated Robbery, Sentencing, Use of Corporal Violence, Parole, Drug Rehabilitation
Criminal Law Aggravated Robbery Sentencing Use of Corporal Violence Parole Drug Rehabilitation

Case Brief

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Parties

Michael Ian Marshall

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for aggravated robbery involving corporal violence
  2. 2 Impact of offender's history and institutionalisation on sentence
  3. 3 Consideration of drug rehabilitation and special circumstances

Ratio Decidendi

The sentence reflects the seriousness of the aggravated robbery, the ongoing pattern of offending, Marshall's background and institutionalisation, the breach of parole, and the utilitarian benefit of an early guilty plea with special circumstances considered. Individualised treatment and supervised release are intended to assist rehabilitation and protect the community.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Marshall is sentenced to a term of imprisonment of 3 years 2 months.
  • Non-parole period of 1 year 8 months commencing 24 August 2019 and expiring 23 April 2021.