R v Graham [2024] NSWDC 464

R v Graham [2024] NSWDC 464

The court imposed an aggregate sentence of 5 years’ imprisonment (non-parole period 3 years and 3 months) for robbery while armed with a dangerous weapon and possession of a prohibited firearm, finding the offences serious but below mid-range for objective seriousness due to the use of a gel pistol and lack of physical violence. Aggravating factors included offending while on bail, prior similar offences, vulnerability of the victim, and distress caused. Mitigating factors included the offender’s institutionalisation, drug addiction, reduced moral culpability, and plea of guilty. Disputed facts were resolved partially in the offender’s favour, modestly reducing the discount for a guilty...

Parties
Offender: Todd James Graham; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 5 years with a non-parole period of 3 years and 3 months
Legal Topics
Armed Robbery, Dangerous Weapon, Back Up and Related Offences, Drug Offences, Possess Prohibited Drug, Firearms Offences, Possess Prohibited Firearm, Sentencing, Aggravating Factors, Conditional Liberty, Previous Convictions, Vulnerable Victim, Sentencing Guidelines, Mitigating Factors, Plea of Guilty, Remorse, Reduced Moral Culpability, Imprisonment, Multiple Offences, Totality, Deterrence, Factual Basis for Sentence, Disputed Facts, Objective Seriousness, Purposes of Sentencing, Community Protection, Sentencing Procedure, Instinctive Synthesis, Rejection of Evidence, Findings of Fact, Drug Addiction, Recidivism, Institutionalisation
Criminal Law Armed Robbery Dangerous Weapon Back Up and Related Offences Drug Offences Possess Prohibited Drug Firearms Offences Possess Prohibited Firearm +26 more

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Parties

Todd James Graham

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for robbery while armed with a dangerous weapon, possession of a prohibited drug, and possession of a prohibited firearm, having regard to objective seriousness and the offender’s background?
  2. 2 How should disputed factual allegations affecting objective seriousness be resolved in sentencing?
  3. 3 What mitigating and aggravating factors affect the sentence, including conditional liberty, previous convictions, remorse, and reduced moral culpability?

Ratio Decidendi

The court imposed an aggregate sentence of 5 years’ imprisonment (non-parole period 3 years and 3 months) for robbery while armed with a dangerous weapon and possession of a prohibited firearm, finding the offences serious but below mid-range for objective seriousness due to the use of a gel pistol and lack of physical violence. Aggravating factors included offending while on bail, prior similar offences, vulnerability of the victim, and distress caused. Mitigating factors included the offender’s institutionalisation, drug addiction, reduced moral culpability, and plea of guilty. Disputed facts were resolved partially in the offender’s favour, modestly reducing the discount for a guilty...

Court Disposition

Aggregate sentence of imprisonment of 5 years with a non-parole period of 3 years and 3 months

Orders

  • Possession of methylamphetamine dealt with under s 10A Crimes (Sentencing Procedure) Act 1999 (NSW): no further penalty.
  • Aggregate sentence: 5 years’ imprisonment.