R v Lambert [2024] NSWDC 622

R v Lambert [2024] NSWDC 622

The gravity of the offences—a serious armed robbery and a more grave armed robbery with wounding—necessitated a significant custodial sentence. The sentences reflected the utilitarian value of an early guilty plea, the offender's extensive disadvantage, mental health issues, and the need for an aggregate sentence proportionate to both the offences and the offender's circumstances. Additional weight was given to protection of the public and the victims' trauma, balanced with the impact of imprisonment on the offender and his prospects for rehabilitation.

Parties
Offender: Daniel Lambert; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of 6 years; non-parole period of 3 years and 11 months, backdated to 19 December 2023.
Legal Topics
Armed Robbery With Wounding, Assault With Intent to Rob, Sentencing, Aggravating Factors, Mitigating Factors, Imprisonment, Multiple Offences, Moral Culpability, Objective Seriousness, Deterrence, Instinctive Synthesis, Drug Addiction, Mental Disorders, Abusive Childhood
Criminal Law Armed Robbery With Wounding Assault With Intent to Rob Sentencing Aggravating Factors Mitigating Factors Imprisonment Multiple Offences +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Daniel Lambert

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for armed robbery with wounding and armed robbery
  2. 2 Application of sentencing principles including aggravating and mitigating factors
  3. 3 Consideration of offender's background, mental health, and special circumstances

Ratio Decidendi

The gravity of the offences—a serious armed robbery and a more grave armed robbery with wounding—necessitated a significant custodial sentence. The sentences reflected the utilitarian value of an early guilty plea, the offender's extensive disadvantage, mental health issues, and the need for an aggregate sentence proportionate to both the offences and the offender's circumstances. Additional weight was given to protection of the public and the victims' trauma, balanced with the impact of imprisonment on the offender and his prospects for rehabilitation.

Court Disposition

Aggregate sentence of imprisonment of 6 years; non-parole period of 3 years and 11 months, backdated to 19 December 2023.

Orders

  • For the offence under s 98 Crimes Act: 5 years and 3 months' imprisonment, non-parole period 3 years 4 months indicated.
  • For the offence under s 97 Crimes Act: 3 years and 4 months indicated.