R v Hickey [2020] NSWDC 578

R v Hickey [2020] NSWDC 578

Full-time custody was required because the offences involved armed violence, vulnerable victims, different locations and victims, offending committed while on parole, and a prior record; however, the guilty pleas, mental illness, deprived Aboriginal background applying Bugmy, remorse, rehabilitation prospects and need for treatment reduced moral culpability and justified special circumstances, with totality addressed by an aggregate sentence with some accumulation commencing on 29 November 2019.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years and 9 months with a non-parole period of 2 years and 3 months. Special circumstances were found. The s 166 certificate offences were dealt with under s 10A with convictions and no further penalty.
Legal Topics
['aggravating Factors' 'breach of Conditional Liberty' 'henry Guideline' 'plea of Guilty' 'rehabilitation' 'imprisonment' 'form 1 Offences' 'multiple Offences' 'objective Seriousness' 'aboriginal Offenders' 'mental Illness' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravating Factors' 'breach of Conditional Liberty' 'henry Guideline' 'plea of Guilty' 'rehabilitation' 'imprisonment' 'form 1 Offences' 'multiple Offences' 'objective Seriousness' 'aboriginal Offenders' 'mental Illness' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for assault with intent to rob armed with an offensive weapon, common assault, and aggravated enter dwelling with intent armed with an offensive weapon, with Form 1 matters taken into account.' "How the offender's breach of conditional liberty, prior record, guilty plea, mental illness, Aboriginal background, deprived upbringing, remorse and prospects of rehabilitation should affect sentence." 'Whether special circumstances should be found and whether an aggregate sentence with accumulation was appropriate.']

Ratio Decidendi

Full-time custody was required because the offences involved armed violence, vulnerable victims, different locations and victims, offending committed while on parole, and a prior record; however, the guilty pleas, mental illness, deprived Aboriginal background applying Bugmy, remorse, rehabilitation prospects and need for treatment reduced moral culpability and justified special circumstances, with totality addressed by an aggregate sentence with some accumulation commencing on 29 November 2019.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years and 9 months with a non-parole period of 2 years and 3 months. Special circumstances were found. The s 166 certificate offences were dealt with under s 10A with convictions and no further penalty.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentence for H306001595/002: 2 years, 6 months.' 'Indicative sentence for H71622705/002: 6 months.' 'Indicative sentence for H71622705/004, taking into account the Form 1 offences H71622705/005, H71622705/006 and H604285991/001: 3 years.' 'An aggregate...