R v Bell and Cubby [2023] NSWDC 581

R v Bell and Cubby [2023] NSWDC 581

Sentences were determined based on the objective seriousness of each offence, relevant mitigating factors such as youth, deprivation and mental health, application of Form 1 offences, and finding of special circumstances warranting adjusted non-parole periods; aggregate sentencing was used for Cubby to avoid a crushing sentence while reflecting discrete offences and appropriate totality.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Criminal / Sentencing
Outcome
Bell and Cubby convicted and sentenced to terms of imprisonment. Referral made for Cubby to Drug Court.
Legal Topics
['armed Robbery' 'robbery' 'break Enter and Steal' 'sentencing' 'personal and General Deterrence' 'moral Culpability' 'youth as a Mitigating Factor' 'special Circumstances' 'form 1 Procedure']
['criminal Law'] ['armed Robbery' 'robbery' 'break Enter and Steal' 'sentencing' 'personal and General Deterrence' 'moral Culpability' 'youth as a Mitigating Factor' 'special Circumstances' 'form 1 Procedure']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of appropriate sentences for robbery, armed robbery, break enter and steal, considering personal and general deterrence, moral culpability, mitigating factors, Form 1 offences, and special circumstances']

Ratio Decidendi

Sentences were determined based on the objective seriousness of each offence, relevant mitigating factors such as youth, deprivation and mental health, application of Form 1 offences, and finding of special circumstances warranting adjusted non-parole periods; aggregate sentencing was used for Cubby to avoid a crushing sentence while reflecting discrete offences and appropriate totality.

Court Disposition

Bell and Cubby convicted and sentenced to terms of imprisonment. Referral made for Cubby to Drug Court.

Orders

  • ['Bell sentenced for Esca Café armed robbery: 3 years 4 months imprisonment with 2 years non-parole period (9/11/22-8/11/24), special circumstances found, Form 1 and 25% discount applied.' 'Copy of psychological report (Exh A) for Bell to be sent to Justice Health and Corrective Services.' 'Cubby sentenced to...