R v Kobeissi [2011] NSWDC 268

R v Kobeissi [2011] NSWDC 268

A custodial sentence was required because the armed robbery was premeditated, involved an item that looked like a firearm, was committed in company, frightened the victim, and was accompanied by two Form 1 obtaining-money-by-deception matters. The sentence was reduced for the late guilty plea and remorse, and moderated because the offender's post-traumatic stress disorder and borderline intellectual disability reduced moral culpability and made deterrence, retribution and denunciation less weighty. Rehabilitation, family and community support, parity with the co-offender, and special circumstances supporting supervised parole were also taken into account.

Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment with a non-parole period of 2 years and a total term of 45 months.
Legal Topics
['armed Robbery' 'form 1 Offences' 'obtaining Money by Deception' 'guilty Plea Discount' 'remorse' 'intellectual Disability' 'post Traumatic Stress Disorder' 'parity' 'non Parole Period']
['criminal Law' 'sentencing'] ['armed Robbery' 'form 1 Offences' 'obtaining Money by Deception' 'guilty Plea Discount' 'remorse' 'intellectual Disability' 'post Traumatic Stress Disorder' 'parity' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's armed robbery committed on 14 August 2009." 'What weight should be given to two matters of obtaining money by deception on a Form 1 Schedule.' "What effect the offender's late guilty plea, remorse, post-traumatic stress disorder and intellectual disability should have on sentence." "Whether parity with the co-offender's sentence affected the appropriate sentence." 'Whether special circumstances justified an extended period on supervised parole.']

Ratio Decidendi

A custodial sentence was required because the armed robbery was premeditated, involved an item that looked like a firearm, was committed in company, frightened the victim, and was accompanied by two Form 1 obtaining-money-by-deception matters. The sentence was reduced for the late guilty plea and remorse, and moderated because the offender's post-traumatic stress disorder and borderline intellectual disability reduced moral culpability and made deterrence, retribution and denunciation less weighty. Rehabilitation, family and community support, parity with the co-offender, and special circumstances supporting supervised parole were also taken into account.

Court Disposition

Convicted and sentenced to imprisonment with a non-parole period of 2 years and a total term of 45 months.

Orders

  • ['The offender was convicted.' 'The offender was sentenced to imprisonment with a non-parole period of 2 years and a total term of 45 months commencing on 31 August 2010.' 'The parole eligibility date was ordered to be 30 August 2012.' 'The two matters on the Form 1 were taken into account on sentence.']