REGINA v. JANCEK [1999] NSWSC 1126

REGINA v. JANCEK [1999] NSWSC 1126

Although the offences were serious armed robbery-related offences and required sentences proportionate to their gravity, the prisoner's lesser role, guilty pleas, cooperation, lack of prior imprisonment, heroin addiction linked to deprived circumstances, remorse, efforts at rehabilitation, concern for her children, need for extended supervision and strong professional evidence of rehabilitation prospects justified concurrent sentences and a reduced minimum term based on special circumstances.

Jurisdiction
Australia
Judgment Date
23 November 1999
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Penal servitude for a total of six years with a minimum term of two years; sentences to be served concurrently.
Legal Topics
['armed Robbery' 'assault With Intent to Rob' 'use Offensive Weapon to Prevent Apprehension' 'heroin Addiction' 'rehabilitation' 'aboriginal Offender' 'special Circumstances' 'concurrent Sentences' 'totality Principle']
['criminal Law' 'sentencing'] ['armed Robbery' 'assault With Intent to Rob' 'use Offensive Weapon to Prevent Apprehension' 'heroin Addiction' 'rehabilitation' 'aboriginal Offender' 'special Circumstances' 'concurrent Sentences' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for offences under s.97(1), s.97(2) and s.33B of the Crimes Act 1900 committed during attempted armed robberies.' 'How the totality principle and Pearce principles should apply to multiple offences.' "What weight should be given to the prisoner's guilty pleas, cooperation, heroin addiction, prospects of rehabilitation, Aboriginal background, young children and need for supervision." 'Whether sentences should be concurrent and whether special circumstances justified an extended period of supervision.']

Ratio Decidendi

Although the offences were serious armed robbery-related offences and required sentences proportionate to their gravity, the prisoner's lesser role, guilty pleas, cooperation, lack of prior imprisonment, heroin addiction linked to deprived circumstances, remorse, efforts at rehabilitation, concern for her children, need for extended supervision and strong professional evidence of rehabilitation prospects justified concurrent sentences and a reduced minimum term based on special circumstances.

Court Disposition

Penal servitude for a total of six years with a minimum term of two years; sentences to be served concurrently.

Orders

  • ['On the first charge, sentenced to penal servitude for four years, with a minimum term of two years and an additional term of two years.' 'On the second charge, sentenced to penal servitude for six years, with a minimum term of two years and an additional term of four years.' 'On the third charge, sentenced to...