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
Legal Issues
- 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...
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