R v Skinner; R v Elliott [2012] NSWDC 138

R v Skinner; R v Elliott [2012] NSWDC 138

Mr Skinner's sentences were made wholly concurrent because the conspiracy and firearm offences substantially overlapped, his involvement was short, he abandoned the conspiracy, he had genuine rehabilitation prospects, his custody was harsher on protection, and special circumstances were found. Mr Elliott's criminality was very high because he committed a thwarted conspiracy and two serious violent armed robberies with a shortened shotgun, but special circumstances were found because of his institutionalisation, accumulated custody and need for lengthy parole supervision; his sentences were discounted for his pleas and structured to produce an effective non-parole period of 5 years and...

Jurisdiction
Australia
Judgment Date
31 August 2012
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Both offenders were sentenced to imprisonment.
Legal Topics
['conspiracy to Commit Armed Robbery' 'possess a Prohibited Firearm' 'armed Robbery' 'form 1 Offences' 'special Circumstances' 'non Parole Period' 'drug Rehabilitation' 'institutionalisation']
['criminal Law' 'sentencing'] ['conspiracy to Commit Armed Robbery' 'possess a Prohibited Firearm' 'armed Robbery' 'form 1 Offences' 'special Circumstances' 'non Parole Period' 'drug Rehabilitation' 'institutionalisation']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed on Shane Skinner for conspiracy to commit armed robbery and possessing a prohibited firearm, taking into account a Form 1 matter.' 'What sentences should be imposed on Gregory Elliott for conspiracy to commit armed robbery and two armed robberies, taking into account Form 1 matters.' 'Whether special circumstances should be found for each offender.' 'What weight should be given to pleas of guilty, rehabilitation prospects, custodial conditions, objective gravity and institutionalisation.']

Ratio Decidendi

Mr Skinner's sentences were made wholly concurrent because the conspiracy and firearm offences substantially overlapped, his involvement was short, he abandoned the conspiracy, he had genuine rehabilitation prospects, his custody was harsher on protection, and special circumstances were found. Mr Elliott's criminality was very high because he committed a thwarted conspiracy and two serious violent armed robberies with a shortened shotgun, but special circumstances were found because of his institutionalisation, accumulated custody and need for lengthy parole supervision; his sentences were discounted for his pleas and structured to produce an effective non-parole period of 5 years and...

Court Disposition

Both offenders were sentenced to imprisonment.

Orders

  • ['For Shane Skinner, taking into account the Form 1 matter, for conspiracy to commit armed robbery: imprisonment for 4 years dating from 8 July 2010.' 'For Shane Skinner, for possessing a prohibited firearm: imprisonment for 3 years dating from 8 July 2010.' 'For Shane Skinner, in each case a non-parole period of 2...