R v Craig Raymond Francis [2019] NSWDC 17

R v Craig Raymond Francis [2019] NSWDC 17

The offender's agreement to participate in the planned armed robbery, provision of cash-in-transit information and undertaking to make a hoax police call constituted serious offending, although his role was towards the lower end of objective seriousness compared with Steven Francis. He was motivated by financial gain, general and specific deterrence were important, and no causal connection was established between his mental health or alcohol consumption and the offending. Despite his early guilty plea, limited prior history, good rehabilitation prospects and special circumstances, the seriousness of the conspiracy required a full-time custodial sentence of 3 years with a non-parole period...

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Criminal Sentence / Remarks on Sentence Following Guilty Plea
Outcome
Convicted and sentenced to full-time imprisonment for 3 years with a non-parole period of 1 year and 9 months.
Legal Topics
['conspiracy to Commit Armed Robbery' 'robbery While Armed With a Dangerous Weapon' 'full Time Custodial Sentence' 'guilty Plea' 'special Circumstances' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['conspiracy to Commit Armed Robbery' 'robbery While Armed With a Dangerous Weapon' 'full Time Custodial Sentence' 'guilty Plea' 'special Circumstances' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence Following Guilty Plea

Legal Issues

  1. 1 ["Assessment of the objective seriousness of the offender's role in a conspiracy to commit a robbery while armed with a dangerous weapon." 'Whether a full-time custodial sentence was required.' 'Whether the offender was entitled to a 25% utilitarian discount for an early guilty plea.' 'Whether special circumstances justified varying the statutory ratio between head sentence and non-parole period.' "Whether the offender's depression, anxiety or alcohol consumption mitigated the offending."]

Ratio Decidendi

The offender's agreement to participate in the planned armed robbery, provision of cash-in-transit information and undertaking to make a hoax police call constituted serious offending, although his role was towards the lower end of objective seriousness compared with Steven Francis. He was motivated by financial gain, general and specific deterrence were important, and no causal connection was established between his mental health or alcohol consumption and the offending. Despite his early guilty plea, limited prior history, good rehabilitation prospects and special circumstances, the seriousness of the conspiracy required a full-time custodial sentence of 3 years with a non-parole period...

Court Disposition

Convicted and sentenced to full-time imprisonment for 3 years with a non-parole period of 1 year and 9 months.

Orders

  • ['You are convicted of the offence of conspiracy to commit a robbery while armed with a dangerous weapon pursuant to the common law and s.97(2) of the Crimes Act 1900.' 'I sentence you to a non-parole period of 1 year and 9 months to commence on 4 April 2018 and to terminate on 3 January 2020.' 'The balance of term...