R v King [2020] NSWDC 931

R v King [2020] NSWDC 931

Given objective seriousness, presence of a weapon, prior criminal history, the offender's guilty plea, remorse, and personal difficulties, the appropriate sentence is imprisonment for four years three months, with a non-parole period of two years eight months, backdated to 3 December 2019, and special circumstances are found to ensure a suitable period of supervision on release.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to fulltime imprisonment.
Legal Topics
['armed Robbery' 'sentencing' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentence

  1. 1 ['What is the appropriate sentence for robbery whilst armed with an offensive weapon under s 97(1) of the Crimes Act 1900?' 'Are special circumstances present justifying a departure from standard sentencing?']

Ratio Decidendi

Given objective seriousness, presence of a weapon, prior criminal history, the offender's guilty plea, remorse, and personal difficulties, the appropriate sentence is imprisonment for four years three months, with a non-parole period of two years eight months, backdated to 3 December 2019, and special circumstances are found to ensure a suitable period of supervision on release.

Court Disposition

Convicted and sentenced to fulltime imprisonment.

Orders

  • ['Head sentence of four years three months imprisonment from 3 December 2019, expiring 2 March 2024.' 'Non-parole period of two years eight months from 3 December 2019, expiring 2 August 2022.' 'Special circumstances found.' 'Provide copy of psychological report of Dr Derek Gilligan to Corrective Services and...