R v Kuol [2019] NSWDC 181

R v Kuol [2019] NSWDC 181

The offence warranted a custodial sentence with the term reduced by 25% due to an early guilty plea, and special circumstances justified a longer parole period relative to the head sentence; the offending was between the middle and bottom of objective seriousness for aggravated robbery involving corporal violence.

Jurisdiction
Australia
Judgment Date
26 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to a term of imprisonment of 27 months with a non-parole period of 12 months; finding of special circumstances; sentence backdated to 21 June 2018.
Legal Topics
['aggravated Robbery' 'special Circumstances' 'sentencing']
['criminal Law'] ['aggravated Robbery' 'special Circumstances' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Determination of appropriate sentence for aggravated robbery under s 95 of the Crimes Act 1900 (NSW)' 'Assessment of objective seriousness of offending' 'Consideration of special circumstances in sentencing' 'Relevancy of offender’s background, remorse, prospects of rehabilitation']

Ratio Decidendi

The offence warranted a custodial sentence with the term reduced by 25% due to an early guilty plea, and special circumstances justified a longer parole period relative to the head sentence; the offending was between the middle and bottom of objective seriousness for aggravated robbery involving corporal violence.

Court Disposition

Sentenced to a term of imprisonment of 27 months with a non-parole period of 12 months; finding of special circumstances; sentence backdated to 21 June 2018.

Orders

  • ['Offender to be sentenced to 27 months imprisonment' 'Non-parole period set at 12 months' 'Offender eligible for parole on 20 June 2019' 'Sentence backdated to 21 June 2018']