R v GRIFFIN [2015] NSWDC 304

R v GRIFFIN [2015] NSWDC 304

Although attempted robbery in company involving knives and a vulnerable victim was serious and required denunciation and some deterrence, the offender's significant mental disorders and disabilities, immaturity, susceptibility to peer influence, early guilty plea, absence of prior convictions at the time of the offence, remorse, treatment, employment, study, abstinence from drugs and strong rehabilitation prospects justified a departure from full-time custody. A two-year term of imprisonment, discounted for the plea and taking the Form 1 offence into account, was suspended on a two-year good behaviour bond because court-supervised rehabilitation under a bond was preferable to full-time...

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for 2 years, suspended on entering into a good behaviour bond for 2 years.
Legal Topics
['attempted Robbery in Company' 'form 1 Offence' 'suspended Sentence' 'good Behaviour Bond' 'young Offender' 'mental Illness or Disability' 'guilty Plea Discount' 'rehabilitation']
['criminal Law' 'sentencing'] ['attempted Robbery in Company' 'form 1 Offence' 'suspended Sentence' 'good Behaviour Bond' 'young Offender' 'mental Illness or Disability' 'guilty Plea Discount' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempted robbery in company contrary to s 97(1) Crimes Act 1900, taking into account an intentional damage to property in company offence on a Form 1.' "Whether the offender's mental disorders, disabilities, immaturity and susceptibility to influence reduced moral culpability and moderated the weight to be given to general and specific deterrence." 'Whether the guideline judgment for robbery offences required full-time custody or whether individualised justice justified departure from a custodial outcome.' 'Whether the term of imprisonment should be served by full-time custody, intensive correction order, or suspended sentence with a good behaviour bond.']

Ratio Decidendi

Although attempted robbery in company involving knives and a vulnerable victim was serious and required denunciation and some deterrence, the offender's significant mental disorders and disabilities, immaturity, susceptibility to peer influence, early guilty plea, absence of prior convictions at the time of the offence, remorse, treatment, employment, study, abstinence from drugs and strong rehabilitation prospects justified a departure from full-time custody. A two-year term of imprisonment, discounted for the plea and taking the Form 1 offence into account, was suspended on a two-year good behaviour bond because court-supervised rehabilitation under a bond was preferable to full-time...

Court Disposition

The offender was convicted and sentenced to imprisonment for 2 years, suspended on entering into a good behaviour bond for 2 years.

Orders

  • ['Nathan Terence Griffin is convicted.' 'The offender is sentenced to a term of imprisonment of two years.' 'The term of imprisonment is suspended on the offender entering into a bond to be of good behaviour for the period of two years.' 'The offender must be of good behaviour.' 'The offender must appear before the...