R v Mirceski [2020] NSWDC 695

R v Mirceski [2020] NSWDC 695

The offender's s 12 bond had to be revoked because the robbery was a non-trivial breach of the good behaviour condition with no reason to excuse it. For the robbery, full-time custody was required because of the seriousness of the offence, the vulnerable victim, actual bodily harm, breach of conditional liberty, criminal history and the purposes of sentencing. The sentence was reduced to reflect the guilty plea, the unplanned and opportunistic nature of the offending, the offender's traumatic brain injury and its relationship to drug dependency, the heavier impact of custody, COVID-19 custodial conditions, totality, avoidance of double counting, and special circumstances requiring a...

Jurisdiction
Australia
Judgment Date
14 April 2020
Procedural Posture
Criminal Sentencing / Sentencing After Plea of Guilty; Revocation of S 12 Bond
Outcome
Bond revoked; offender convicted of the robbery matter and sentenced to a total sentence of 3 years 9 months imprisonment with a non-parole period of 2 years imprisonment.
Legal Topics
['aggravated Robbery' 'breach of Conditional Liberty' 'vulnerable Victim' 'drug Dependency' 'traumatic Brain Injury' 'plea of Guilty' 'special Circumstances' 'totality' 'partial Accumulation' 'covid 19 Prison Conditions']
['criminal Law' 'sentencing'] ['aggravated Robbery' 'breach of Conditional Liberty' 'vulnerable Victim' 'drug Dependency' 'traumatic Brain Injury' 'plea of Guilty' 'special Circumstances' 'totality' 'partial Accumulation' 'covid 19 Prison Conditions']

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Procedural Posture

Criminal Sentencing / Sentencing After Plea of Guilty; Revocation of S 12 Bond

Legal Issues

  1. 1 ['What sentence should be imposed for robbery under s 95(1) Crimes Act 1900 after a guilty plea.' "Whether the offender's s 12 bond imposed for possessing housebreaking implements should be revoked following breach of the good behaviour condition." 'How to apply totality and partial accumulation where the robbery was committed while the offender was subject to conditional liberty.' "What weight should be given to the victim's vulnerability, the opportunistic and unplanned nature of the offending, the offender's criminal history, drug dependency, traumatic brain injury, and COVID-19 prison conditions." 'Whether special circumstances should be found under s 44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's s 12 bond had to be revoked because the robbery was a non-trivial breach of the good behaviour condition with no reason to excuse it. For the robbery, full-time custody was required because of the seriousness of the offence, the vulnerable victim, actual bodily harm, breach of conditional liberty, criminal history and the purposes of sentencing. The sentence was reduced to reflect the guilty plea, the unplanned and opportunistic nature of the offending, the offender's traumatic brain injury and its relationship to drug dependency, the heavier impact of custody, COVID-19 custodial conditions, totality, avoidance of double counting, and special circumstances requiring a...

Court Disposition

Bond revoked; offender convicted of the robbery matter and sentenced to a total sentence of 3 years 9 months imprisonment with a non-parole period of 2 years imprisonment.

Orders

  • ['The s 12 bond of 26 June 2018 is revoked.' 'For the bond matter, the offender is sentenced to 15 months imprisonment commencing on 5 April 2019 and expiring on 4 July 2020.' 'For the robbery matter, the offender is convicted.' 'For the robbery matter, the offender is sentenced to imprisonment by way of a...