R v Box [2019] NSWDC 786

R v Box [2019] NSWDC 786

In light of the objective seriousness of the offences, the aggravating circumstances (including offending while subject to other orders), the applicant's plea of guilty, demonstrated remorse, and guarded but possible prospects of rehabilitation enhanced by parole, the appropriate outcome is an aggregate sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 6 months (special circumstances found), with disqualification for the driving offence and recommendation for drug treatment.

Parties
Crown: Regina; Offender: Timothy Michael Box
Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 2 years 6 months.
Legal Topics
Attempted Robbery While Armed, Break and Enter, Possession of Prohibited Drug, Driving With Illicit Drug in Blood, Dishonestly Obtaining Financial Advantage by Deception, Sentencing
Criminal Law Attempted Robbery While Armed Break and Enter Possession of Prohibited Drug Driving With Illicit Drug in Blood Dishonestly Obtaining Financial Advantage by Deception Sentencing

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Parties

Regina

Crown

Timothy Michael Box

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for attempted robbery armed with an offensive weapon?
  2. 2 What is the appropriate sentence for break and enter and committing a serious indictable offence?
  3. 3 How should offences of possessing a prohibited drug and driving with an illicit drug in the blood be sentenced?

Ratio Decidendi

In light of the objective seriousness of the offences, the aggravating circumstances (including offending while subject to other orders), the applicant's plea of guilty, demonstrated remorse, and guarded but possible prospects of rehabilitation enhanced by parole, the appropriate outcome is an aggregate sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 6 months (special circumstances found), with disqualification for the driving offence and recommendation for drug treatment.

Court Disposition

Aggregate term of imprisonment of 4 years 6 months with a non-parole period of 2 years 6 months.

Orders

  • Aggregate term of imprisonment of 4 years 6 months commencing 22 March 2019 and expiring 21 September 2023.
  • Non-parole period of 2 years 6 months commencing 22 March 2019 and expiring 21 September 2021.