R v Colin Robert Debrincat [2015] NSWDC 290

R v Colin Robert Debrincat [2015] NSWDC 290

The offending was serious, but the aggravated robbery was found to be just below the mid-range and the reckless wounding below but very close to the mid-range. Because the offender had a chronic paranoid schizophrenic disorder, was a forensic patient, and the Crown accepted De La Rosa applied, general deterrence was not an important sentencing consideration and special circumstances were established. The offender's guilty pleas attracted a 25% discount, but his violent criminal history precluded further leniency. Time already served from 3 October 2013 was taken into account, and concurrent custodial sentences with non-parole periods equivalent to time served and further balances of term...

Jurisdiction
Australia
Judgment Date
01 December 2015
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Committal for Sentence on Aggravated Robbery and Plea of Guilty on Arraignment to Reckless Wounding
Outcome
Custodial sentences imposed for aggravated robbery and reckless wounding, with concurrent non-parole periods of 2 years and 2 months backdated to 3 October 2013 and further balances of term of 2 years, with directions concerning the offender's forensic patient status and notification to the Mental Health Tribunal.
Legal Topics
['aggravated Robbery' 'reckless Wounding' 'sentencing of Forensic Patient' 'mental Illness in Sentencing' 'special Circumstances' 'guilty Plea Discount' 'concurrent Sentences']
['criminal Law' 'sentencing' 'mental Health and Forensic Patients'] ['aggravated Robbery' 'reckless Wounding' 'sentencing of Forensic Patient' 'mental Illness in Sentencing' 'special Circumstances' 'guilty Plea Discount' 'concurrent Sentences']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Committal for Sentence on Aggravated Robbery and Plea of Guilty on Arraignment to Reckless Wounding

Legal Issues

  1. 1 ['What sentences should be imposed for aggravated robbery pursuant to s 95(1) of the Crimes Act 1900 and reckless wounding pursuant to s 35(4) of the Crimes Act 1900.' "How the offender's mental illness and status as a forensic patient should affect moral culpability, general deterrence, special circumstances and the structure of the sentences." "Whether and how to allow for the offender's guilty pleas, admissions, criminal history, time already served in custody and the Form 1 offence."]

Ratio Decidendi

The offending was serious, but the aggravated robbery was found to be just below the mid-range and the reckless wounding below but very close to the mid-range. Because the offender had a chronic paranoid schizophrenic disorder, was a forensic patient, and the Crown accepted De La Rosa applied, general deterrence was not an important sentencing consideration and special circumstances were established. The offender's guilty pleas attracted a 25% discount, but his violent criminal history precluded further leniency. Time already served from 3 October 2013 was taken into account, and concurrent custodial sentences with non-parole periods equivalent to time served and further balances of term...

Court Disposition

Custodial sentences imposed for aggravated robbery and reckless wounding, with concurrent non-parole periods of 2 years and 2 months backdated to 3 October 2013 and further balances of term of 2 years, with directions concerning the offender's forensic patient status and notification to the Mental Health Tribunal.

Orders

  • ['You are convicted of the offence of aggravated robbery pursuant to s 95(1) of the Crimes Act 1900.' 'I impose a non-parole period 2 years and 2 months, commencing on 3 October 2013 and expiring on 2 December 2015.' 'I impose a further balance of term of imprisonment of 2 years commencing on 3 December 2015 and...