R v Lasalo [2021] NSWDC 109

R v Lasalo [2021] NSWDC 109

The offender's conspiracy to rob in company warranted imprisonment because of the seriousness and prevalence of robbery in company, the need for general and personal deterrence, and his role in driving co-offenders and providing an intimidatory presence for expected financial gain. However, his objective seriousness was well below a notional midrange offence, he was not an instigator, had effectively no criminal history, pleaded guilty early, had family support, full-time employment and good prospects of rehabilitation, and parity with co-offender Edralin supported an 18 month term. Community safety would not be compromised and an Intensive Correction Order was more likely to address his...

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to 18 months imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['conspiracy' 'robbery in Company' 'intensive Correction Order' 'guilty Plea Discount' 'parity']
['criminal Law' 'sentencing'] ['conspiracy' 'robbery in Company' 'intensive Correction Order' 'guilty Plea Discount' 'parity']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's common law conspiracy to rob in company." "What the offender's role and objective culpability were within the conspiracy." 'Whether parity with co-offender Edralin affected the sentence.' 'Whether the term of imprisonment should be served by way of an Intensive Correction Order.']

Ratio Decidendi

The offender's conspiracy to rob in company warranted imprisonment because of the seriousness and prevalence of robbery in company, the need for general and personal deterrence, and his role in driving co-offenders and providing an intimidatory presence for expected financial gain. However, his objective seriousness was well below a notional midrange offence, he was not an instigator, had effectively no criminal history, pleaded guilty early, had family support, full-time employment and good prospects of rehabilitation, and parity with co-offender Edralin supported an 18 month term. Community safety would not be compromised and an Intensive Correction Order was more likely to address his...

Court Disposition

The offender was convicted and sentenced to 18 months imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['Sentence imposed one of 18 months imprisonment, to be served by way of Intensive Corrections Order. The sentence commences 4 February 2021 and expires on 3 August 2022.' 'The offender must not commit any offence.' 'The offender must submit to supervision by a Community Corrections officer.' 'The offender is to...