R v BARTHOLOMEW [2021] NSWDC 307

R v BARTHOLOMEW [2021] NSWDC 307

Both armed robberies fell within the Henry guideline and were below mid-range, although the second offence was slightly more serious because the threats were more prolonged and the knife was pointed at the victim's abdomen. Imprisonment was the only appropriate sentence given the maximum penalty, the guideline judgment, the knife threats against vulnerable taxi drivers, the offender's prior similar robbery, and his commission of the offences within days of release to parole. The offender received mitigation for early guilty pleas, remorse, deprived background under Bugmy, difficult release circumstances, youth to a very small extent, custody conditions, and need for intensive supervision,...

Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Criminal Sentence for Two Counts of Armed Robbery Contrary to S 97(1) of the Crimes Act 1900 / Committed for Sentence After Guilty Pleas; Sentence Hearing in the District Court of New South Wales
Outcome
The offender was convicted and sentenced to an aggregate sentence of 5 years and 3 months imprisonment with a non-parole period of 3 years and 4 months.
Legal Topics
['armed Robbery' 'taxi Driver Victims' 'knife Used as Offensive Weapon' 'henry Guideline Judgment' 'guilty Plea Discount' 'breach of Parole' 'conditional Liberty' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['armed Robbery' 'taxi Driver Victims' 'knife Used as Offensive Weapon' 'henry Guideline Judgment' 'guilty Plea Discount' 'breach of Parole' 'conditional Liberty' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence for Two Counts of Armed Robbery Contrary to S 97(1) of the Crimes Act 1900 / Committed for Sentence After Guilty Pleas; Sentence Hearing in the District Court of New South Wales

Legal Issues

  1. 1 ['What sentence should be imposed for two armed robberies of taxi drivers at knife point committed two days apart.' 'How the guideline judgment in R v Henry & Ors (1999) 46 NSWLR 346 applied to the offences.' 'What effect should be given to the offender committing the offences days after release to parole and while on conditional liberty.' "Whether the offender's subjective circumstances, including deprived upbringing, substance addiction, remorse, youth, custody conditions and need for supervision, justified mitigation and special circumstances." 'Whether an aggregate sentence with partial accumulation on the balance of parole was appropriate.']

Ratio Decidendi

Both armed robberies fell within the Henry guideline and were below mid-range, although the second offence was slightly more serious because the threats were more prolonged and the knife was pointed at the victim's abdomen. Imprisonment was the only appropriate sentence given the maximum penalty, the guideline judgment, the knife threats against vulnerable taxi drivers, the offender's prior similar robbery, and his commission of the offences within days of release to parole. The offender received mitigation for early guilty pleas, remorse, deprived background under Bugmy, difficult release circumstances, youth to a very small extent, custody conditions, and need for intensive supervision,...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of 5 years and 3 months imprisonment with a non-parole period of 3 years and 4 months.

Orders

  • ['In respect of the offences to which the offender has pleaded guilty he is convicted.' 'The offender is sentenced to an aggregate sentence of 5 years and 3 months with a non-parole period of 3 years and 4 months.' 'The non-parole period will commence on 10 March 2021 and will expire on 9 July 2024. The balance of...