R v Raymond Donley [2008] NSWDC 82

R v Raymond Donley [2008] NSWDC 82

Although attempted robbery whilst armed was very serious and ordinarily called for full-time custody, the Offender's criminality was markedly less than that of his co-offender, he pleaded guilty early, showed genuine remorse, cooperated with police, had no prior criminal record, was young, had exceptional personal circumstances, acted out of character while intoxicated, and had excellent prospects of rehabilitation. Those exceptional circumstances justified a lesser sentence than the co-offender and suspension of a two-year term of imprisonment subject to supervision.

Jurisdiction
Australia
Judgment Date
31 March 2008
Procedural Posture
Criminal Sentencing for Attempted Robbery Whilst Armed / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for two years, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on condition of entering a two-year good behaviour bond; back-up charge dismissed by consent.
Legal Topics
['attempted Robbery Whilst Armed' 'parity' 'intoxication as Mitigation' 'exceptional Circumstances' 'suspended Sentence' 'young Offender' 'good Character' 'alternative Sentencing Options']
['criminal Law' 'sentencing'] ['attempted Robbery Whilst Armed' 'parity' 'intoxication as Mitigation' 'exceptional Circumstances' 'suspended Sentence' 'young Offender' 'good Character' 'alternative Sentencing Options']

Case Brief

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Procedural Posture

Criminal Sentencing for Attempted Robbery Whilst Armed / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether parity with the co-offender required a sentence no greater than that imposed on Daniel Paul Wilson.' "Whether the Offender's intoxication, in the circumstances of binge drinking triggered by exceptional personal circumstances, should mitigate sentence." 'Whether exceptional circumstances justified departure from a full-time custodial sentence for attempted armed robbery.' 'Whether alternative sentencing options, including periodic detention, community service or a suspended sentence, should be imposed.']

Ratio Decidendi

Although attempted robbery whilst armed was very serious and ordinarily called for full-time custody, the Offender's criminality was markedly less than that of his co-offender, he pleaded guilty early, showed genuine remorse, cooperated with police, had no prior criminal record, was young, had exceptional personal circumstances, acted out of character while intoxicated, and had excellent prospects of rehabilitation. Those exceptional circumstances justified a lesser sentence than the co-offender and suspension of a two-year term of imprisonment subject to supervision.

Court Disposition

Convicted and sentenced to imprisonment for two years, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on condition of entering a two-year good behaviour bond; back-up charge dismissed by consent.

Orders

  • ['Raymond John Adam Donley is convicted of attempting to rob Meng Sea Ly of cash money the property of Pizza Hut Pty Ltd whilst armed with an offensive weapon, namely a large knife or machete, on 7 March 2007 at Lurnea in New South Wales.' 'The Offender is sentenced to a term of imprisonment of two years.' 'Under s...