R v Yong [2019] NSWDC 769

R v Yong [2019] NSWDC 769

The appropriate sentence was an aggregate term of 3 years and 4 months with a non-parole period of 2 years because the common assault was at the low end of objective seriousness, the robbery in company was below mid-range, the Form 1 offences modestly increased the robbery sentence, a 10% discount was allowed for the late guilty pleas, special circumstances justified a longer parole period, parity with co-offenders did not cap the sentence, and no allowance was made for immigration custody because that detention was not sufficiently attributable to the offences being sentenced.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas Entered After Trial Was Due to Commence
Outcome
Offender convicted of common assault and robbery in company and sentenced to an aggregate term of imprisonment of 3 years and 4 months with a non-parole period of 2 years.
Legal Topics
['common Assault' 'robbery in Company' 'form 1 Offences' 'non Parole Period' 'special Circumstances' 'pre Sentence Custody' 'parity With Co Offenders' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['common Assault' 'robbery in Company' 'form 1 Offences' 'non Parole Period' 'special Circumstances' 'pre Sentence Custody' 'parity With Co Offenders' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas Entered After Trial Was Due to Commence

Legal Issues

  1. 1 ['What sentence should be imposed for common assault contrary to s 61 Crimes Act 1900 and robbery in company contrary to s 97(1) Crimes Act 1900.' 'How the Form 1 offences of larceny of a Rolex watch and possessing methylamphetamine should be taken into account on sentence for robbery in company.' 'What discount should be allowed for late guilty pleas.' 'Whether time spent in immigration custody should be taken into account by backdating or reducing sentence.' 'Whether special circumstances justified a longer parole period than contemplated by s 44 Crimes (Sentencing Procedure) Act 1999.' 'Whether sentences imposed on co-offenders in the Local Court affected the sentence by parity.']

Ratio Decidendi

The appropriate sentence was an aggregate term of 3 years and 4 months with a non-parole period of 2 years because the common assault was at the low end of objective seriousness, the robbery in company was below mid-range, the Form 1 offences modestly increased the robbery sentence, a 10% discount was allowed for the late guilty pleas, special circumstances justified a longer parole period, parity with co-offenders did not cap the sentence, and no allowance was made for immigration custody because that detention was not sufficiently attributable to the offences being sentenced.

Court Disposition

Offender convicted of common assault and robbery in company and sentenced to an aggregate term of imprisonment of 3 years and 4 months with a non-parole period of 2 years.

Orders

  • ['The offender is convicted of the charge of common assault.' 'The offender is convicted of the charge of robbery in company.' 'For the offence of common assault, the indicative sentence is imprisonment for 7 months.' 'For the offence of robbery in company, the indicative sentence is imprisonment for 3 years and 2...