R v Andrews [2020] NSWDC 515

R v Andrews [2020] NSWDC 515

The offender's armed robbery was just below the middle of the range of objective seriousness, involving two masked offenders in company, firearms or imitation firearms, planning, threats to a retail victim, and theft of about $1,690. The offence was aggravated by being committed while the offender was on conditional liberty. His guilty plea, genuine remorse, youth, reasonably good rehabilitation prospects, special circumstances, totality, and more onerous custody during COVID-19 warranted moderation, but only imprisonment was appropriate. The Court imposed a total sentence of 5 years and 7 months with a non-parole period of 3 years, backdated to 15 January 2020.

Jurisdiction
Australia
Judgment Date
08 July 2020
Procedural Posture
Criminal Sentencing for Robbery Armed With a Dangerous Weapon (firearm) Pursuant to S 97(2), Crimes Act 1900 (nsw) / Sentence
Outcome
Convicted and sentenced to imprisonment for a total term of 5 years and 7 months with a non-parole period of 3 years.
Legal Topics
['armed Robbery' 'dangerous Weapon' 'imitation Firearm' 'guilty Plea Discount' 'objective Seriousness' 'general and Specific Deterrence' 'special Circumstances' 'covid 19 Custodial Conditions']
['criminal Law' 'sentencing'] ['armed Robbery' 'dangerous Weapon' 'imitation Firearm' 'guilty Plea Discount' 'objective Seriousness' 'general and Specific Deterrence' 'special Circumstances' 'covid 19 Custodial Conditions']

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Procedural Posture

Criminal Sentencing for Robbery Armed With a Dangerous Weapon (firearm) Pursuant to S 97(2), Crimes Act 1900 (nsw) / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for one offence of robbery armed with a dangerous weapon pursuant to s 97(2), Crimes Act 1900 (NSW).' 'Whether the offending was in the middle of the range of objective seriousness or below the middle of the range.' 'Whether the offender should receive a 25% discount for the timing of his guilty plea.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and the balance of term.' "Whether the offender's custodial conditions during the COVID-19 pandemic warranted moderation of the sentence."]

Ratio Decidendi

The offender's armed robbery was just below the middle of the range of objective seriousness, involving two masked offenders in company, firearms or imitation firearms, planning, threats to a retail victim, and theft of about $1,690. The offence was aggravated by being committed while the offender was on conditional liberty. His guilty plea, genuine remorse, youth, reasonably good rehabilitation prospects, special circumstances, totality, and more onerous custody during COVID-19 warranted moderation, but only imprisonment was appropriate. The Court imposed a total sentence of 5 years and 7 months with a non-parole period of 3 years, backdated to 15 January 2020.

Court Disposition

Convicted and sentenced to imprisonment for a total term of 5 years and 7 months with a non-parole period of 3 years.

Orders

  • ['In relation to one offence of robbery armed with a dangerous weapon being a firearm pursuant to s 97(2), Crimes Act, Blake Victor Andrews is convicted.' 'The offender is sentenced to a non-parole period of three years to date from 15 January 2020 and expire on 14 January 2023, with a balance of term of two years...