R v Nith Chav [2016] NSWDC 220

R v Nith Chav [2016] NSWDC 220

The armed robbery was within the mid-range of offences under s 97(1) because it occurred in company, was committed for financial gain, involved some planning, weapons and prior similar offending, and the Form 1 armed robbery warranted some weight. The s 33B offence was serious and just below the mid-range because the offender recklessly reversed a motor vehicle to prevent lawful apprehension, although his conduct was panic-driven and not a deliberate attempt to drive at police. Concurrency would not reflect the total criminality, so partial accumulation was required. Special circumstances were made out because the offender's criminal conduct was borne of ice addiction and he would benefit...

Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Plea to Armed Robbery and Finding of Guilt After Judge Alone Trial for Using an Offensive Instrument to Prevent Lawful Apprehension
Outcome
Full time custodial sentence imposed; special circumstances found.
Legal Topics
['armed Robbery' 'use of Offensive Instrument to Prevent Lawful Apprehension' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'parity in Sentencing' 'totality' 'remorse and Rehabilitation']
['criminal Law' 'sentencing'] ['armed Robbery' 'use of Offensive Instrument to Prevent Lawful Apprehension' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'parity in Sentencing' 'totality' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Plea to Armed Robbery and Finding of Guilt After Judge Alone Trial for Using an Offensive Instrument to Prevent Lawful Apprehension

Legal Issues

  1. 1 ['What sentence should be imposed for armed robbery under s 97(1) of the Crimes Act 1900, with an armed robbery offence taken into account on a Form 1.' 'What sentence should be imposed for using an offensive instrument to prevent lawful apprehension under s 33B(1)(a) of the Crimes Act 1900.' 'Whether the sentences should be concurrent or partly accumulated having regard to totality.' 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' "How parity with the co-offender's sentence should affect the sentence."]

Ratio Decidendi

The armed robbery was within the mid-range of offences under s 97(1) because it occurred in company, was committed for financial gain, involved some planning, weapons and prior similar offending, and the Form 1 armed robbery warranted some weight. The s 33B offence was serious and just below the mid-range because the offender recklessly reversed a motor vehicle to prevent lawful apprehension, although his conduct was panic-driven and not a deliberate attempt to drive at police. Concurrency would not reflect the total criminality, so partial accumulation was required. Special circumstances were made out because the offender's criminal conduct was borne of ice addiction and he would benefit...

Court Disposition

Full time custodial sentence imposed; special circumstances found.

Orders

  • ['The offender is convicted of using an offensive instrument to prevent lawful apprehension pursuant to s 33B(1)(a) of the Crimes Act 1900.' 'For that offence, the offender is sentenced to a fixed term of 3 years imprisonment commencing on 19 November 2013 and expiring on 18 November 2016.' 'The offender is...