R v Windley [2023] NSWDC 662

R v Windley [2023] NSWDC 662

The seriousness of the aggravated robbery committed against a vulnerable victim, despite the offender's mitigating personal circumstances and rehabilitation prospects, requires a custodial sentence. Mitigating factors warrant a sentence reduction and special circumstances finding, but community confidence in sentencing and victim impact require a firm custodial response. A 25% reduction is applied for the plea, producing a sentence of 3 years 2 months with a non-parole period of 1 year 11 months.

Parties
Offender: Shane John Windley; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment (3 years 2 months), with a non-parole period of 1 year 11 months.
Legal Topics
Aggravated Robbery, Inflict Actual Bodily Harm, Sentencing, Aggravating Factors, Mitigating Factors, Guideline Judgment, Drug Addiction, Aboriginal Offender, Victim Impact, Special Circumstances
Criminal Law Aggravated Robbery Inflict Actual Bodily Harm Sentencing Aggravating Factors Mitigating Factors Guideline Judgment Drug Addiction +3 more

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Parties

Shane John Windley

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for an aggravated robbery inflicting actual bodily harm, considering both aggravating and mitigating factors, and guideline judgments for sentencing?

Ratio Decidendi

The seriousness of the aggravated robbery committed against a vulnerable victim, despite the offender's mitigating personal circumstances and rehabilitation prospects, requires a custodial sentence. Mitigating factors warrant a sentence reduction and special circumstances finding, but community confidence in sentencing and victim impact require a firm custodial response. A 25% reduction is applied for the plea, producing a sentence of 3 years 2 months with a non-parole period of 1 year 11 months.

Court Disposition

Convicted and sentenced to imprisonment (3 years 2 months), with a non-parole period of 1 year 11 months.

Orders

  • Windley is convicted.
  • Sentence of 3 years, 2 months imprisonment imposed.