R v Nabalarua; R v Quinlan [2017] NSWDC 328

R v Nabalarua; R v Quinlan [2017] NSWDC 328

The armed robbery and attempted armed robbery offences were in the middle range of objective seriousness, with planning, disguises, weapons, vulnerable victims and commission in company, but the firearms were not shown to be capable of discharge and financial gain was not treated as a separate significant aggravating factor. The offenders' childhood deprivation and disadvantage remained relevant under Bugmy despite some planning and reduced moral culpability to a degree. Each offender had demonstrated some remorse by acknowledging guilt after verdict, had some prospects of rehabilitation, and special circumstances justified a longer additional term. Parity required the same aggregate...

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts of Guilty on Counts 1, 2 and 3 and Not Guilty on Count 4
Outcome
Each offender was convicted and sentenced to an aggregate term of imprisonment with a non-parole period of 4 years and 6 months and a total term of 8 years and 6 months.
Legal Topics
['attempted Robbery While Armed With a Dangerous Weapon' 'robbery While Armed With a Dangerous Weapon' 'knowingly Drive or Be Carried in Conveyance Without Consent of Owner' 'childhood Deprivation and Disadvantage' 'bugmy Principles' 'objective Seriousness' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['attempted Robbery While Armed With a Dangerous Weapon' 'robbery While Armed With a Dangerous Weapon' 'knowingly Drive or Be Carried in Conveyance Without Consent of Owner' 'childhood Deprivation and Disadvantage' 'bugmy Principles' 'objective Seriousness' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts of Guilty on Counts 1, 2 and 3 and Not Guilty on Count 4

Legal Issues

  1. 1 ['What sentences should be imposed for attempted robbery while armed with a dangerous weapon, knowingly drive or be carried in a conveyance without consent of owner, and robbery while armed with a dangerous weapon.' "Whether the offenders' childhood deprivation and disadvantage reduced their moral culpability notwithstanding that the offences involved some planning." 'Whether aggravating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 (NSW) were established, including commission in company, planning, vulnerability of victims, and financial gain.' 'Whether special circumstances justified a longer than usual balance of term for each offender.']

Ratio Decidendi

The armed robbery and attempted armed robbery offences were in the middle range of objective seriousness, with planning, disguises, weapons, vulnerable victims and commission in company, but the firearms were not shown to be capable of discharge and financial gain was not treated as a separate significant aggravating factor. The offenders' childhood deprivation and disadvantage remained relevant under Bugmy despite some planning and reduced moral culpability to a degree. Each offender had demonstrated some remorse by acknowledging guilt after verdict, had some prospects of rehabilitation, and special circumstances justified a longer additional term. Parity required the same aggregate...

Court Disposition

Each offender was convicted and sentenced to an aggregate term of imprisonment with a non-parole period of 4 years and 6 months and a total term of 8 years and 6 months.

Orders

  • ['Kareel Quinlan is convicted.' 'For Kareel Quinlan, indicative sentences were 6 years imprisonment for attempted robbery while armed with a dangerous weapon, 18 months imprisonment for knowingly drive or be carried in conveyance taken without consent of owner, and 5 years 6 months imprisonment for robbery whilst...