R v Derbas [2023] NSWDC 62

R v Derbas [2023] NSWDC 62

Given the seriousness of the offences of aggravated enter dwelling, robbery, unlawful custody of a knife, and driving while disqualified, the offender's significant criminal history, aggravating factors (offending in the victim's home and while on parole), and findings of objective seriousness at the lower but still serious end of the range, a fulltime custodial aggregate sentence is appropriate. Discounts were afforded for guilty pleas, and special circumstances found to permit an extended parole period to facilitate rehabilitation. Aggregate sentence imposed with backdating to the date of arrest and concurrency reflecting totality.

Jurisdiction
Australia
Judgment Date
17 March 2023
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea
Outcome
Aggregate sentence of fulltime imprisonment imposed with special circumstances for parole.
Legal Topics
['aggravated Robbery' 'aggravated Enter Dwelling With Intent' 'robbery' 'custody of Knife' 'drive While Disqualified' 'sentencing' 'aggregate Sentence' 'rehabilitation' 'discount for Guilty Plea']
['criminal Law'] ['aggravated Robbery' 'aggravated Enter Dwelling With Intent' 'robbery' 'custody of Knife' 'drive While Disqualified' 'sentencing' 'aggregate Sentence' 'rehabilitation' 'discount for Guilty Plea']

Case Brief

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Procedural Posture

Sentence / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for the offences of aggravated enter dwelling with intent, robbery, custody of knife, and driving while disqualified?' "How does the offender's mental health, drug dependency, childhood deprivation, and remorse affect sentencing?" 'To what extent should discounts for guilty plea and findings of special circumstances modify the sentence?']

Ratio Decidendi

Given the seriousness of the offences of aggravated enter dwelling, robbery, unlawful custody of a knife, and driving while disqualified, the offender's significant criminal history, aggravating factors (offending in the victim's home and while on parole), and findings of objective seriousness at the lower but still serious end of the range, a fulltime custodial aggregate sentence is appropriate. Discounts were afforded for guilty pleas, and special circumstances found to permit an extended parole period to facilitate rehabilitation. Aggregate sentence imposed with backdating to the date of arrest and concurrency reflecting totality.

Court Disposition

Aggregate sentence of fulltime imprisonment imposed with special circumstances for parole.

Orders

  • ['Convicted of Count 1 (aggravated enter dwelling with intent) and Count 2 (robbery).' 'Aggregate sentence: 3 years and 6 months imprisonment commencing 19 April 2021.' 'Non-parole period: 2 years and 3 months from 19 April 2021 to 18 July 2023.' 'Balance of term: 1 year and 3 months expiring 18 October 2024.'...