R v Leeton John Buchanan; R v Jerrymee Maine Kelly [2017] NSWDC 408

R v Leeton John Buchanan; R v Jerrymee Maine Kelly [2017] NSWDC 408

The armed robbery by both offenders was above the ordinary range referred to in Henry because it involved large kitchen knives, vulnerable shopkeeper victims, real threats of violence, commission in company, and in Buchanan's case offending while on parole. Their deprived backgrounds, mental health and substance abuse issues reduced moral culpability to some extent, but their extensive histories, high risk of reoffending, need for protection of society and need for general and specific deterrence required imprisonment. Special circumstances were found to allow a longer period of supervised parole to assist rehabilitation and reintegration given institutionalisation and treatment needs.

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Both offenders convicted and sentenced to imprisonment; special circumstances found for each offender.
Legal Topics
['armed Robbery' 'joint Criminal Enterprise' 'offending While on Parole' 'special Circumstances' 'drug Use' 'institutionalisation' 'risk of Reoffending']
['criminal Law' 'sentencing'] ['armed Robbery' 'joint Criminal Enterprise' 'offending While on Parole' 'special Circumstances' 'drug Use' 'institutionalisation' 'risk of Reoffending']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for each offender for armed robbery contrary to s 97(1) of the Crimes Act 1900.' 'Whether the Form 1 offence of damage to a police camera should be taken into account in sentencing Jerrymee Maine Kelly.' "Whether Leeton John Buchanan's offending while on parole aggravated his sentence." 'Whether special circumstances justified departure from the statutory relationship between the non-parole period and parole period to provide a substantial period of supervised parole.']

Ratio Decidendi

The armed robbery by both offenders was above the ordinary range referred to in Henry because it involved large kitchen knives, vulnerable shopkeeper victims, real threats of violence, commission in company, and in Buchanan's case offending while on parole. Their deprived backgrounds, mental health and substance abuse issues reduced moral culpability to some extent, but their extensive histories, high risk of reoffending, need for protection of society and need for general and specific deterrence required imprisonment. Special circumstances were found to allow a longer period of supervised parole to assist rehabilitation and reintegration given institutionalisation and treatment needs.

Court Disposition

Both offenders convicted and sentenced to imprisonment; special circumstances found for each offender.

Orders

  • ['Leeton John Buchanan convicted of armed robbery.' 'For Leeton John Buchanan, special circumstances found due to the need to provide a substantial period of supervised parole to assist rehabilitation into the community.' 'Leeton John Buchanan sentenced to imprisonment for 4 years, comprising a non-parole period of...