R v Steven Craig Francis [2019] NSWDC 18

R v Steven Craig Francis [2019] NSWDC 18

The offender is to be sentenced to a full-time custodial sentence for conspiracy to commit a robbery while armed with a dangerous weapon. The offending was very serious, displaying significant planning and organisational elements, motivated by financial reward, and aggravated by acting in company. Mitigating factors included the absence of actual harm or loss and the early plea of guilty (warranting a 25% discount). General and specific deterrence are highly relevant due to the offender's significant criminal antecedents, and there was no evidence of good prospects of rehabilitation. Special circumstances were found to extend the parole period ratio due to rehabilitation needs.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed; conviction entered.
Legal Topics
['conspiracy to Commit Armed Robbery' 'armed Robbery' 'sentencing']
['criminal Law'] ['conspiracy to Commit Armed Robbery' 'armed Robbery' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for an offender convicted of conspiracy to commit a robbery while armed with a dangerous weapon?' 'How should the court assess the objective and subjective seriousness of the offending conduct?' 'Which aggravating and mitigating factors apply in this case?']

Ratio Decidendi

The offender is to be sentenced to a full-time custodial sentence for conspiracy to commit a robbery while armed with a dangerous weapon. The offending was very serious, displaying significant planning and organisational elements, motivated by financial reward, and aggravated by acting in company. Mitigating factors included the absence of actual harm or loss and the early plea of guilty (warranting a 25% discount). General and specific deterrence are highly relevant due to the offender's significant criminal antecedents, and there was no evidence of good prospects of rehabilitation. Special circumstances were found to extend the parole period ratio due to rehabilitation needs.

Court Disposition

Full-time custodial sentence imposed; conviction entered.

Orders

  • ['Conviction for conspiracy to commit a robbery while armed with a dangerous weapon pursuant to common law and s.97(2) Crimes Act 1900.' 'Sentence of 5 years imprisonment: non-parole period of 3 years (4 April 2018 – 3 April 2021), balance of 2 years (4 April 2021 – 3 April 2023).' 'Release to parole not automatic;...