R v Jamie Dale GARDINER [2015] NSWDC 90

R v Jamie Dale GARDINER [2015] NSWDC 90

The break and enter warranted custody given its seriousness and the offender's history, but would not alone have justified further detention. The armed robbery was a serious example of the offence because the victim was threatened with a knife in a secure car park and then detained under threat. The Form 1 matter increased the robbery sentence. Although the offender's chronic schizophrenia, substance abuse, impaired judgment, heavier custodial burden, remorse and guilty pleas mitigated sentence and justified special circumstances, the seriousness of the armed robbery, offending while on bail, need for specific deterrence, community protection and the victim's interests required a...

Jurisdiction
Australia
Judgment Date
11 June 2015
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Offender convicted and sentenced to an aggregate effective term of imprisonment of 4 years commencing 5 November 2014 and expiring 4 November 2018, with eligibility for consideration for release to parole on 4 November 2016.
Legal Topics
['break and Enter' 'robbery Armed With Offensive Weapon' 'form 1' 'mental Health' 'community Protection' 'special Circumstances' 'guilty Plea']
['criminal Law' 'sentencing'] ['break and Enter' 'robbery Armed With Offensive Weapon' 'form 1' 'mental Health' 'community Protection' 'special Circumstances' 'guilty Plea']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for break and enter and robbery armed with an offensive weapon.' 'How the taking and detaining matter on a Form 1 should affect sentence for the robbery offence.' "What weight should be given to the offender's mental illness, substance abuse, guilty pleas, prior record, offending while on bail, community protection, specific deterrence and rehabilitation." 'Whether special circumstances should be found to structure the non-parole period and balance of term.']

Ratio Decidendi

The break and enter warranted custody given its seriousness and the offender's history, but would not alone have justified further detention. The armed robbery was a serious example of the offence because the victim was threatened with a knife in a secure car park and then detained under threat. The Form 1 matter increased the robbery sentence. Although the offender's chronic schizophrenia, substance abuse, impaired judgment, heavier custodial burden, remorse and guilty pleas mitigated sentence and justified special circumstances, the seriousness of the armed robbery, offending while on bail, need for specific deterrence, community protection and the victim's interests required a...

Court Disposition

Offender convicted and sentenced to an aggregate effective term of imprisonment of 4 years commencing 5 November 2014 and expiring 4 November 2018, with eligibility for consideration for release to parole on 4 November 2016.

Orders

  • ['Sequence 004 Take/detain person - taken into account on a Form 1.' 'Sequence 005 Break & Enter etc do indictable off (not steal/damage)-SI: convicted and sentenced to imprisonment for 18 months, consisting of a non-parole period of 9 months, commencing 5 November 2014 and expiring 4 August 2015.' 'Sequence 003...