R v Kyle Churchill; R v Michael Churchill [2018] NSWDC 63

R v Kyle Churchill; R v Michael Churchill [2018] NSWDC 63

The offending was serious armed robbery in company but fell just below the mid-range for s 97(1) offences because more serious weapons were not used, the victims were not inherently vulnerable, there was limited planning, no actual force, and relatively minor property was taken. Full-time custody was required. Special circumstances were established for Kyle Churchill because of youth, rehabilitation needs and his first lengthy imprisonment, and for Michael Churchill because of schizophrenia and drug and alcohol rehabilitation needs. Parity required equivalent sentences because the distinguishing features between the co-offenders balanced each other out.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Sentence for Armed Robbery Offences Under S 97(1) of the Crimes Act 1900 / Sentencing After Jury Verdicts of Guilty on Two Counts
Outcome
Both offenders were convicted and sentenced to full-time custodial sentences on each of two armed robbery offences, with concurrent sentences.
Legal Topics
['armed Robbery' 'co Offenders' 'objective Seriousness' 'aggravating and Mitigating Factors' 'special Circumstances' 'parity' 'full Time Custodial Sentence']
['criminal Law' 'sentencing'] ['armed Robbery' 'co Offenders' 'objective Seriousness' 'aggravating and Mitigating Factors' 'special Circumstances' 'parity' 'full Time Custodial Sentence']

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Procedural Posture

Criminal Sentence for Armed Robbery Offences Under S 97(1) of the Crimes Act 1900 / Sentencing After Jury Verdicts of Guilty on Two Counts

Legal Issues

  1. 1 ['What sentences should be imposed for two armed robbery offences committed in company with a baseball bat and an iron bar.' 'Whether the objective seriousness of the offending fell below the mid-range for offences under s 97(1) of the Crimes Act 1900.' 'Whether special circumstances existed under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 to vary the usual ratio between the head sentence and non-parole period.' 'How principles of parity should apply between Kyle Churchill and Michael Churchill.']

Ratio Decidendi

The offending was serious armed robbery in company but fell just below the mid-range for s 97(1) offences because more serious weapons were not used, the victims were not inherently vulnerable, there was limited planning, no actual force, and relatively minor property was taken. Full-time custody was required. Special circumstances were established for Kyle Churchill because of youth, rehabilitation needs and his first lengthy imprisonment, and for Michael Churchill because of schizophrenia and drug and alcohol rehabilitation needs. Parity required equivalent sentences because the distinguishing features between the co-offenders balanced each other out.

Court Disposition

Both offenders were convicted and sentenced to full-time custodial sentences on each of two armed robbery offences, with concurrent sentences.

Orders

  • ['Kyle Churchill was convicted of two offences of armed robbery pursuant to s 97(1) of the Crimes Act 1900.' 'For each offence, Kyle Churchill was sentenced to a non-parole period of 2 years and 6 months commencing on 6 February 2017 and terminating on 5 August 2019.' 'For Kyle Churchill, the balance of sentence in...