R v LEROY [2023] NSWDC 457

R v LEROY [2023] NSWDC 457

The offence was more serious than the robbery contemplated by the Henry guideline but, consistently with the parties' position, was assessed as just below mid-range. The offender's prior record and commission of the offence while on parole aggravated the sentence. His guilty plea warranted a 25% utilitarian discount and supported remorse. His schizophrenia, substance use disorder, personality disorder and deprived background meaningfully reduced moral culpability and the weight of denunciation and general deterrence, but did not eliminate general deterrence and did not reduce culpability to the degree contended because illicit substance abuse and drug debts were central to the offending...

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty, Committed for Sentence From the Local Court at Wagga Wagga
Outcome
Convicted and sentenced to imprisonment with a non-parole period and parole balance.
Legal Topics
['armed Robbery' 'robbery Whilst Armed With Offensive Weapon' 'gel Blaster' 'plea of Guilty' 'form 1 Matter' 'mental Illness' 'substance Abuse' 'parole Breach' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['armed Robbery' 'robbery Whilst Armed With Offensive Weapon' 'gel Blaster' 'plea of Guilty' 'form 1 Matter' 'mental Illness' 'substance Abuse' 'parole Breach' 'special Circumstances' 'totality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty, Committed for Sentence From the Local Court at Wagga Wagga

Legal Issues

  1. 1 ['What sentence should be imposed for robbery whilst armed with an offensive weapon contrary to s 97(1) of the Crimes Act, 1900.' 'What weight should be given to the plea of guilty and the utilitarian discount.' 'How the Form 1 offence of dishonestly obtaining financial advantage by deception should affect sentence.' "Whether the offender's criminal history and commission of the offence while on parole were aggravating factors." "How the offender's schizophrenia, substance use disorder, antisocial personality disorder and deprived background affected moral culpability, deterrence and the weight of imprisonment." 'Whether special circumstances and totality justified partial accumulation and an extended parole supervision period.']

Ratio Decidendi

The offence was more serious than the robbery contemplated by the Henry guideline but, consistently with the parties' position, was assessed as just below mid-range. The offender's prior record and commission of the offence while on parole aggravated the sentence. His guilty plea warranted a 25% utilitarian discount and supported remorse. His schizophrenia, substance use disorder, personality disorder and deprived background meaningfully reduced moral culpability and the weight of denunciation and general deterrence, but did not eliminate general deterrence and did not reduce culpability to the degree contended because illicit substance abuse and drug debts were central to the offending...

Court Disposition

Convicted and sentenced to imprisonment with a non-parole period and parole balance.

Orders

  • ['In respect of the matter to which the offender pleaded guilty, he is convicted.' 'Taking into account the matter on the Form 1 document, the offender is sentenced to a non-parole period of 2 years 10 months to date from 9 March 2023 and expiring on 8 January 2026.' 'The balance of term of 2 years on parole will...