R v Phillip Conan Robinson, Frank John Robinson and Shane Bertram [2007] NSWDC 344

R v Phillip Conan Robinson, Frank John Robinson and Shane Bertram [2007] NSWDC 344

Each offender participated in two serious assaults occasioning actual bodily harm in company. The assault on Mandic was aggravated by the offenders acting together, unlawful re-entry into the hotel, abuse and racial taunting, punches to the head and body, use of bar stools, and the fact that Mandic was performing security duties. The assault on Dews was more serious because he was alone and vulnerable, the attack was unprovoked or based only on refusal to provide cigarettes, involved kicking and punching to the head and upper body, and included striking him with his own skateboard. Although intoxication affected judgment, each offender had entrenched alcohol and drug issues. Full-time...

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
All three offenders were convicted and sentenced to imprisonment for two counts of assault occasioning actual bodily harm in company.
Legal Topics
['assault Occasioning Actual Bodily Harm in Company' 'objective Criminality' 'aggravating Features' 'alcohol and Drug Abuse' 'indigenous and Maori Offenders' 'breach of Bail, Bond and Parole' 'backdating Sentences' 'plea of Guilty Discount' 'totality']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm in Company' 'objective Criminality' 'aggravating Features' 'alcohol and Drug Abuse' 'indigenous and Maori Offenders' 'breach of Bail, Bond and Parole' 'backdating Sentences' 'plea of Guilty Discount' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on each offender for two offences of assault occasioning actual bodily harm in company against Ivan Mandic and Alan Dews.' 'How to assess the objective seriousness of assaults committed by three offenders in company, including use of bar stools and a skateboard, attacks to the head, racial taunting, vulnerability of a victim, intoxication, and attacks on hotel security staff.' "How each offender's subjective circumstances, criminal history, alcohol and drug abuse, rehabilitation prospects, and offending while on conditional liberty should affect sentence." 'How to apply totality, plea discounts, concurrency, accumulation, backdating, fixed terms and non-parole periods.']

Ratio Decidendi

Each offender participated in two serious assaults occasioning actual bodily harm in company. The assault on Mandic was aggravated by the offenders acting together, unlawful re-entry into the hotel, abuse and racial taunting, punches to the head and body, use of bar stools, and the fact that Mandic was performing security duties. The assault on Dews was more serious because he was alone and vulnerable, the attack was unprovoked or based only on refusal to provide cigarettes, involved kicking and punching to the head and upper body, and included striking him with his own skateboard. Although intoxication affected judgment, each offender had entrenched alcohol and drug issues. Full-time...

Court Disposition

All three offenders were convicted and sentenced to imprisonment for two counts of assault occasioning actual bodily harm in company.

Orders

  • ['Phillip Conan Robinson was convicted of assaulting Ivan Mandic occasioning actual bodily harm in company and sentenced to six and a half months imprisonment commencing 1 March 2007 and expiring 30 September 2007.' 'Phillip Conan Robinson was convicted of assaulting Alan Dews occasioning actual bodily harm in...