R v Jessee Lionel MURRAY [2017] NSWDC 466

R v Jessee Lionel MURRAY [2017] NSWDC 466

Although the offender's deprived background, bipolar affective disorder, substance abuse disorder, institutionalisation and early guilty plea significantly mitigated sentence and reduced moral culpability, the violent aggravated robbery of a community service worker required full-time custody to reflect the objective seriousness of the offence, vindicate the victim's dignity, express community abhorrence and protect the community; special circumstances justified a longer parole period because supervised and supported release would better promote community safety.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Criminal Sentence for Aggravated Robbery / Sentence After Early Guilty Plea
Outcome
Sentenced to a total term of imprisonment of 3 years 9 months with a non-parole period of 2 years 8 months.
Legal Topics
['aggravated Robbery' 'early Guilty Plea' 'victim and Community Impact' 'mental Illness' 'deprived Childhood Background' 'institutionalisation' 'special Circumstances' 'community Protection' 'parole and Release Planning']
['criminal Law' 'sentencing'] ['aggravated Robbery' 'early Guilty Plea' 'victim and Community Impact' 'mental Illness' 'deprived Childhood Background' 'institutionalisation' 'special Circumstances' 'community Protection' 'parole and Release Planning']

Case Brief

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Procedural Posture

Criminal Sentence for Aggravated Robbery / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated robbery involving corporal violence and actual bodily harm at the Tarrawanna Post Office.' "How the offender's early guilty plea should affect sentence." "How the offender's deprived childhood, mental illness, substance abuse disorder and institutionalisation should affect moral culpability, deterrence and community protection." 'Whether special circumstances should be found to allow a longer period of supervision on parole.']

Ratio Decidendi

Although the offender's deprived background, bipolar affective disorder, substance abuse disorder, institutionalisation and early guilty plea significantly mitigated sentence and reduced moral culpability, the violent aggravated robbery of a community service worker required full-time custody to reflect the objective seriousness of the offence, vindicate the victim's dignity, express community abhorrence and protect the community; special circumstances justified a longer parole period because supervised and supported release would better promote community safety.

Court Disposition

Sentenced to a total term of imprisonment of 3 years 9 months with a non-parole period of 2 years 8 months.

Orders

  • ['Total sentence of three years and nine months.' 'Non-parole period of two years and eight months to date from 4 October 2016 and expire on 3 June 2019.' 'Balance of parole of one year and one month.' 'Total sentence to expire on 3 July 2020.' 'Matter on the Form 1 taken into account.']