R v Mark Edward KIPLING [2010] NSWDC 97

R v Mark Edward KIPLING [2010] NSWDC 97

The offence was objectively just below the middle of the range and, given the armed robbery with a knife and the offender's extensive criminal history, no penalty other than full-time custody was appropriate. Starting from six years imprisonment, the Court applied a 25 per cent discount for the earliest available guilty plea, producing a total sentence of four and a half years. Special circumstances, including the offender's risk of institutionalisation and need for supervision and rehabilitation on parole, justified reducing the non-parole period to two and a half years, and the sentence was backdated by six months to account for delay while the offender was in custody in Queensland.

Jurisdiction
Australia
Judgment Date
23 March 2010
Procedural Posture
Criminal Sentencing for Armed Robbery Under Crimes Act 1900 S 97(1) / Sentence After Plea of Guilty
Outcome
Sentenced to four and a half years imprisonment, with a non-parole period of two and a half years and a balance of term of two years.
Legal Topics
['armed Robbery' 'use of Knife' 'guilty Plea Discount' 'drug and Alcohol Addiction' 'criminal History' 'specific Deterrence' 'guideline Judgment' 'non Parole Period' 'special Circumstances' 'delay']
['criminal Law' 'sentencing'] ['armed Robbery' 'use of Knife' 'guilty Plea Discount' 'drug and Alcohol Addiction' 'criminal History' 'specific Deterrence' 'guideline Judgment' 'non Parole Period' 'special Circumstances' 'delay']

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Procedural Posture

Criminal Sentencing for Armed Robbery Under Crimes Act 1900 S 97(1) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for armed robbery committed with a knife.' "How the offender's early guilty plea should affect sentence." "How the offender's personal circumstances, drug and alcohol history, leg injury, employment history and family circumstances should be weighed against objective seriousness and criminal history." 'Whether delay caused by the offender being in custody in Queensland should be taken into account.' 'Whether special circumstances justified adjusting the ratio between the non-parole period and the balance of term.']

Ratio Decidendi

The offence was objectively just below the middle of the range and, given the armed robbery with a knife and the offender's extensive criminal history, no penalty other than full-time custody was appropriate. Starting from six years imprisonment, the Court applied a 25 per cent discount for the earliest available guilty plea, producing a total sentence of four and a half years. Special circumstances, including the offender's risk of institutionalisation and need for supervision and rehabilitation on parole, justified reducing the non-parole period to two and a half years, and the sentence was backdated by six months to account for delay while the offender was in custody in Queensland.

Court Disposition

Sentenced to four and a half years imprisonment, with a non-parole period of two and a half years and a balance of term of two years.

Orders

  • ['The sentence of four and a half years imprisonment commences on 23 December 2008.' 'The non-parole period commences on 23 December 2008 and expires on 22 June 2011.' 'The balance of term commences on 23 June 2011 and expires on 22 June 2013.' "A copy of Mr Champion's report is to accompany Mr Kipling back into...