R v Unus HENDRICKS [2009] NSWDC 391

R v Unus HENDRICKS [2009] NSWDC 391

Although the armed robbery was very serious and required a substantial period of imprisonment, the offender's early guilty plea, the spur-of-the-moment nature of the offence, the use of a damaged golf club rather than a more lethal weapon such as a gun or knife, remorse, family support, work history, good prospects of rehabilitation and special circumstances warranting parole supervision justified a sentence below the range suggested in R v Henry.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Criminal Sentencing for Armed Robbery / Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years, dated from 7 May 2009.
Legal Topics
['armed Robbery' 'guilty Plea' 'non Parole Period' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing'] ['armed Robbery' 'guilty Plea' 'non Parole Period' 'special Circumstances' 'rehabilitation']

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Procedural Posture

Criminal Sentencing for Armed Robbery / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's armed robbery committed after an early guilty plea." 'Whether factors including the early guilty plea, the nature of the weapon, remorse, family support, prospects of rehabilitation and need for parole supervision justified a sentence lower than the range suggested in R v Henry (1999) 46 NSWLR 346.']

Ratio Decidendi

Although the armed robbery was very serious and required a substantial period of imprisonment, the offender's early guilty plea, the spur-of-the-moment nature of the offence, the use of a damaged golf club rather than a more lethal weapon such as a gun or knife, remorse, family support, work history, good prospects of rehabilitation and special circumstances warranting parole supervision justified a sentence below the range suggested in R v Henry.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years, dated from 7 May 2009.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of eighteen months is set.' 'A head sentence of three years is set to date from 7 May 2009.' 'The offender is to be released to parole on 6 November 2010.' 'The conditions of release to parole are that the offender accept the supervision of the...