R v Nowland [2015] NSWDC 386

R v Nowland [2015] NSWDC 386

Although the offence was very serious and committed in company, it was an attempted armed robbery that was not completed, the offender's role was to remain in the car and was more minor than the others, he pleaded guilty early, made admissions, undertook to assist the prosecution, had broken from negative influences, had good prospects of rehabilitation, and had already experienced punitive consequences through bail conditions and threats. Taking the Form 1 matter into account and applying a 45 per cent reduction including 10 per cent for future assistance, the appropriate sentence was 18 months imprisonment, suspended under s 12 on a good behaviour bond with conditions.

Jurisdiction
Australia
Judgment Date
05 February 2015
Procedural Posture
Criminal Sentence / Sentence
Outcome
The offender was sentenced to imprisonment for 18 months, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act on entry into a good behaviour bond for the term of the sentence.
Legal Topics
['attempted Armed Robbery' 'concealing a Serious Offence on a Form 1' 'suspended Sentence' 'guilty Plea' 'assistance to Authorities' 'guideline Judgment']
['criminal Law' 'sentencing'] ['attempted Armed Robbery' 'concealing a Serious Offence on a Form 1' 'suspended Sentence' 'guilty Plea' 'assistance to Authorities' 'guideline Judgment']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for attempted armed robbery, taking into account the offence of concealing a serious offence on a Form 1.' 'Whether the sentence of imprisonment should be suspended under s 12 of the Crimes (Sentencing Procedure) Act.' "How the offender's early guilty plea, admissions, past and promised assistance to authorities, minor role, rehabilitation, bail conditions and the R v Henry guideline judgment should affect sentence."]

Ratio Decidendi

Although the offence was very serious and committed in company, it was an attempted armed robbery that was not completed, the offender's role was to remain in the car and was more minor than the others, he pleaded guilty early, made admissions, undertook to assist the prosecution, had broken from negative influences, had good prospects of rehabilitation, and had already experienced punitive consequences through bail conditions and threats. Taking the Form 1 matter into account and applying a 45 per cent reduction including 10 per cent for future assistance, the appropriate sentence was 18 months imprisonment, suspended under s 12 on a good behaviour bond with conditions.

Court Disposition

The offender was sentenced to imprisonment for 18 months, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act on entry into a good behaviour bond for the term of the sentence.

Orders

  • ['Taking into account the matter on the Form 1, the offender is sentenced to imprisonment for a period of 18 months.' 'The execution of the sentence is suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act, conditioned on the offender entering into a bond to be of good behaviour for the term of the...