R v Hakos [2019] NSWDC 151

R v Hakos [2019] NSWDC 151

Although the robbery was objectively serious, it was at the lower end of the scale; the offender's chronic schizoaffective disorder materially contributed to the offending and reduced his moral culpability, so general deterrence, specific deterrence, retribution and denunciation carried little weight. A custodial sentence would be detrimental and the threshold in s 5 of the Crimes (Sentencing Procedure) Act 1999 was not crossed, making a Community Correction Order with conviction the appropriate sentence.

Jurisdiction
Australia
Judgment Date
22 March 2019
Procedural Posture
Criminal Sentencing for Robbery / Sentence Following Plea of Guilty
Outcome
The offender was convicted and placed on a Community Correction Order for 12 months.
Legal Topics
['robbery' 'mental Illness' 'community Correction Order' 'moral Culpability' 'general Deterrence' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['robbery' 'mental Illness' 'community Correction Order' 'moral Culpability' 'general Deterrence' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing for Robbery / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the robbery contrary to s 94 of the Crimes Act 1900.' "Whether the offender's schizoaffective disorder reduced his moral culpability and the weight to be given to general deterrence, retribution and denunciation." 'Whether the custodial threshold in s 5 of the Crimes (Sentencing Procedure) Act 1999 was crossed.' 'The appropriate sentence, including whether to impose a Community Correction Order.']

Ratio Decidendi

Although the robbery was objectively serious, it was at the lower end of the scale; the offender's chronic schizoaffective disorder materially contributed to the offending and reduced his moral culpability, so general deterrence, specific deterrence, retribution and denunciation carried little weight. A custodial sentence would be detrimental and the threshold in s 5 of the Crimes (Sentencing Procedure) Act 1999 was not crossed, making a Community Correction Order with conviction the appropriate sentence.

Court Disposition

The offender was convicted and placed on a Community Correction Order for 12 months.

Orders

  • ['The offender must not commit any offence.' 'The offender must appear before a court if called upon.' 'The offender must submit to supervision by a Community Corrections officer.' 'The offender is to participate in rehabilitation program or to receive treatment.' 'The offender must perform 50 hours of community...