R v Parisi [2019] NSWDC 270

R v Parisi [2019] NSWDC 270

A total sentence of five years imprisonment with a non-parole period of three years and three months was required because the offender committed an objectively serious armed robbery of a vulnerable service station worker using a knife, had a substantial record including prior similar service station armed robberies and a long custodial history, and required specific deterrence and community protection; however, the sentence was backdated and modest special circumstances were found to account for time in custody, the totality principle, time in residential rehabilitation and the need to support rehabilitation on release.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Criminal Sentencing for Armed Robbery Under S 97 of the Crimes Act 1900 / Sentence After Jury Verdict of Guilty
Outcome
Convicted after jury verdict and sentenced to imprisonment for 5 years, with a non-parole period of 3 years and 3 months and a parole period of 1 year and 9 months.
Legal Topics
['armed Robbery' 'service Station Robbery' 'use of Knife' 'vulnerable Victim' 'identification' 'prior Similar Offending' 'totality' 'partial Accumulation' 'residential Rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['armed Robbery' 'service Station Robbery' 'use of Knife' 'vulnerable Victim' 'identification' 'prior Similar Offending' 'totality' 'partial Accumulation' 'residential Rehabilitation' 'non Parole Period']

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 Sentencing for Armed Robbery Under S 97 of the Crimes Act 1900 / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's armed robbery of a service station after trial." 'How the objective seriousness of the armed robbery should be assessed, including the use of a knife and the vulnerability of the service station worker.' "How the offender's prior criminal history, including similar armed robbery offending and long custodial history, should affect sentence." 'How to account for Local Court sentences, time spent in custody, time spent in residential rehabilitation, totality and partial accumulation.' 'Whether special circumstances should be found to structure parole and assist rehabilitation.']

Ratio Decidendi

A total sentence of five years imprisonment with a non-parole period of three years and three months was required because the offender committed an objectively serious armed robbery of a vulnerable service station worker using a knife, had a substantial record including prior similar service station armed robberies and a long custodial history, and required specific deterrence and community protection; however, the sentence was backdated and modest special circumstances were found to account for time in custody, the totality principle, time in residential rehabilitation and the need to support rehabilitation on release.

Court Disposition

Convicted after jury verdict and sentenced to imprisonment for 5 years, with a non-parole period of 3 years and 3 months and a parole period of 1 year and 9 months.

Orders

  • ['The offender is sentenced to imprisonment for 5 years.' 'The sentence commences on 12 February 2018.' 'The non-parole period is 3 years and 3 months, expiring on 11 May 2021, when the offender will be eligible for consideration for release to parole.' 'The balance of the sentence and parole period is 1 year and 9...