R v Gobbo [2024] NSWDC 510

R v Gobbo [2024] NSWDC 510

The offender's conduct in two armed robberies falls below the mid-range of objective seriousness due to the impulsivity, limited planning, and lack of disguise, though the presence of a weapon and victim vulnerability remain significant. The offender's schizophrenia, active at the time, substantially impaired his judgement, warranting significant reduction in moral culpability and reduced emphasis on deterrence, but not to the extent that a non-custodial sentence or ICO is appropriate. Applying a 25% discount for early guilty plea and considering special circumstances, the correct sentence is 2 years 3 months imprisonment (non-parole period 1 year), commencing 29 June 2023.

Parties
Prosecution: ODPP; Offender: Cameron Gobbo
Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Criminal / Sentencing Judgment
Outcome
Offender sentenced to imprisonment.
Legal Topics
Armed Robbery, Sentencing, Mental Health and Criminal Responsibility, Objective Seriousness, Form 1 Offences, Aggravating and Mitigating Factors, Moral Culpability, Special Circumstances
Criminal Law Armed Robbery Sentencing Mental Health and Criminal Responsibility Objective Seriousness Form 1 Offences Aggravating and Mitigating Factors Moral Culpability +1 more

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Parties

ODPP

Prosecution

Cameron Gobbo

Offender

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Assessment of objective seriousness for armed robbery while armed with an offensive weapon
  2. 2 Effect of mental illness (schizophrenia) on sentence and moral culpability
  3. 3 Eligibility for Intensive Correction Order given duration of sentence and statutory limits

Ratio Decidendi

The offender's conduct in two armed robberies falls below the mid-range of objective seriousness due to the impulsivity, limited planning, and lack of disguise, though the presence of a weapon and victim vulnerability remain significant. The offender's schizophrenia, active at the time, substantially impaired his judgement, warranting significant reduction in moral culpability and reduced emphasis on deterrence, but not to the extent that a non-custodial sentence or ICO is appropriate. Applying a 25% discount for early guilty plea and considering special circumstances, the correct sentence is 2 years 3 months imprisonment (non-parole period 1 year), commencing 29 June 2023.

Court Disposition

Offender sentenced to imprisonment.

Orders

  • The offender is convicted of robbery armed with an offensive weapon at Kingswood on 27/06/2023, contrary to s 97(1) Crimes Act NSW.
  • Sentenced to 2 years 3 months imprisonment with a non-parole period of 1 year, commencing 29 June 2023.