R v Pusey [2020] NSWDC 612

R v Pusey [2020] NSWDC 612

The offence required full-time custody because the offender committed an armed robbery with a large knife against a vulnerable 75 year old victim who was caring for a five year old child, while on conditional liberty and with a significant record of offending; however, the objective seriousness was between the low and midrange for offences of this kind, and the sentence was reduced for the guilty plea, remorse, personal circumstances, need for rehabilitation and special circumstances.

Jurisdiction
Australia
Judgment Date
01 September 2020
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for 3 years and 3 months with a non-parole period of 2 years and 1 month.
Legal Topics
['armed Robbery' 'aggravating Factors' 'breach of Conditional Liberty' 'mitigating Factors' 'plea of Guilty' 'rehabilitation' 'remorse' 'imprisonment' 'form 1 Offences' 'objective Seriousness' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'special Circumstances']
['criminal Law' 'sentencing'] ['armed Robbery' 'aggravating Factors' 'breach of Conditional Liberty' 'mitigating Factors' 'plea of Guilty' 'rehabilitation' 'remorse' 'imprisonment' 'form 1 Offences' 'objective Seriousness' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for one count of armed robbery contrary to s 97(1) of the Crimes Act 1900, taking into account two Form 1 matters.' 'Whether the offending was aggravated by the vulnerability of the victim and by the offender being on conditional liberty.' 'What mitigating weight should be given to the plea of guilty, remorse, rehabilitation prospects, Aboriginality, drug use and mental health circumstances.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offence required full-time custody because the offender committed an armed robbery with a large knife against a vulnerable 75 year old victim who was caring for a five year old child, while on conditional liberty and with a significant record of offending; however, the objective seriousness was between the low and midrange for offences of this kind, and the sentence was reduced for the guilty plea, remorse, personal circumstances, need for rehabilitation and special circumstances.

Court Disposition

The offender was convicted and sentenced to imprisonment for 3 years and 3 months with a non-parole period of 2 years and 1 month.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the Form 1 matters (002, 004), a sentence of imprisonment of 3 years, 3 months is imposed, to commence on 22 January 2020.' 'A non-parole period of 2 years, 1 month is imposed, expiring on 21 February 2022.' 'Special circumstances are found.']