R v Gibbons [2017] NSWDC 321

R v Gibbons [2017] NSWDC 321

The offence was serious because Mr Gibbons armed himself with a knife and waited for a person he intended to assault while wearing clothing and possessing a face covering, and he committed the offence only months after release on parole, demonstrating continuing disobedience to the law. Imprisonment was required, but the sentence was reduced for the earliest guilty plea and moderated by his deprived background, institutionalisation, improved custodial behaviour, courses completed in custody, and need for supervision on release. Special circumstances were found despite his history of offending on conditional liberty, and the sentence was commenced on 13 March 2017 to give partial...

Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment consisting of a non-parole period of 2 years with a head sentence of 3½ years.
Legal Topics
['being Armed With Intent to Commit an Indictable Offence' 'form 1 Offence' 'possess Means of Disguising Face With Intent to Commit Indictable Offence' 'offending While on Parole' 'special Circumstances' 'institutionalised Offender']
['criminal Law' 'sentencing'] ['being Armed With Intent to Commit an Indictable Offence' 'form 1 Offence' 'possess Means of Disguising Face With Intent to Commit Indictable Offence' 'offending While on Parole' 'special Circumstances' 'institutionalised Offender']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for being armed with intent to commit an indictable offence, namely assault.' "What weight should be given to the Form 1 offence of possessing means of disguising the offender's face with intent to commit an indictable offence, namely assault." "Whether the offender's parole status and prior history demonstrated a continuing attitude of disobedience towards the law." 'Whether special circumstances should be found to allow a longer period of parole supervision.' "How the sentence should be commenced to avoid double counting the offender's time serving the balance of parole and the aggravating feature of offending while on conditional liberty."]

Ratio Decidendi

The offence was serious because Mr Gibbons armed himself with a knife and waited for a person he intended to assault while wearing clothing and possessing a face covering, and he committed the offence only months after release on parole, demonstrating continuing disobedience to the law. Imprisonment was required, but the sentence was reduced for the earliest guilty plea and moderated by his deprived background, institutionalisation, improved custodial behaviour, courses completed in custody, and need for supervision on release. Special circumstances were found despite his history of offending on conditional liberty, and the sentence was commenced on 13 March 2017 to give partial...

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 2 years with a head sentence of 3½ years.

Orders

  • ['A non-parole period of two years was imposed to have commenced on 13 March 2017.' 'A head sentence of three and a half years was imposed.' 'The non-parole period will expire on 12 March 2019, on which day Mr Gibbons is eligible to be released to parole.']