R v Makouk [2022] NSWDC 170

R v Makouk [2022] NSWDC 170

The offences were serious armed robberies and related firearms offences requiring imprisonment, but the offender's deprived upbringing, PTSD and substance use disorder reduced his moral culpability and the weight of deterrence, denunciation and retribution. Taking account of the guilty pleas, lack of prior convictions, good character, remorse, good prospects of rehabilitation, onerous custody conditions, Form 1 matters, totality and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months was appropriate.

Jurisdiction
Australia
Judgment Date
12 May 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea in the Local Court
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 3 years and 6 months.
Legal Topics
['armed Robbery' 'robbery Armed With a Dangerous Weapon' 'robbery Armed With an Offensive Weapon' 'unauthorised Possession of Firearm' 'possession of Unregistered Firearm' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'mitigating Factors' 'aggravating Factors']
['criminal Law' 'sentencing'] ['armed Robbery' 'robbery Armed With a Dangerous Weapon' 'robbery Armed With an Offensive Weapon' 'unauthorised Possession of Firearm' 'possession of Unregistered Firearm' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'mitigating Factors' 'aggravating Factors']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for multiple armed robbery offences and related firearms offences committed over a three day period.' "Whether the offender's deprived upbringing, post-traumatic stress disorder and substance use disorder reduced his moral culpability and affected the weight given to deterrence, denunciation and retribution." 'Whether aggravating and mitigating factors, guilty pleas, Form 1 matters, totality and special circumstances justified the aggregate sentence and non-parole period imposed.']

Ratio Decidendi

The offences were serious armed robberies and related firearms offences requiring imprisonment, but the offender's deprived upbringing, PTSD and substance use disorder reduced his moral culpability and the weight of deterrence, denunciation and retribution. Taking account of the guilty pleas, lack of prior convictions, good character, remorse, good prospects of rehabilitation, onerous custody conditions, Form 1 matters, totality and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years and 6 months was appropriate.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 3 years and 6 months.

Orders

  • ['The offender is convicted.' 'I impose an aggregate term of imprisonment comprising of 6 years with a non-parole period of 3 years and 6 months to date from 12 June 2021 to account for his two periods of pre-sentence custody.' 'The non-parole period will expire on 11 December 2024, and the head sentence will expire...