R v Robb [2018] NSWDC 476

R v Robb [2018] NSWDC 476

The robbery was below but not substantially below mid-range objective seriousness, involved threat and force against a victim walking home from work, and was significantly aggravated because the offender committed it while on day release or work release from a sentence for similar aggravated robberies and after consuming alcohol in breach of release conditions. His deprived background, youth, Aboriginality, guilty plea, and prior positive progress in juvenile custody mitigated sentence, but rehabilitation prospects were guarded and general and specific deterrence were important. The sentence should not commence from the possible parole date because the offender never entered parole and...

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Sentence for Robbery Contrary to S 94 of the Crimes Act 1900 / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment for 3 years with a non-parole period of 1 year and 6 months.
Legal Topics
['robbery' 'violent Offences' 'offending While on Day Release or Work Release' 'conditional Liberty' 'commencement Date of Sentence' 'bugmy and Fernando Principles' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['robbery' 'violent Offences' 'offending While on Day Release or Work Release' 'conditional Liberty' 'commencement Date of Sentence' 'bugmy and Fernando Principles' 'special Circumstances' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence for Robbery Contrary to S 94 of the Crimes Act 1900 / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for robbery contrary to s 94 of the Crimes Act 1900.' "Whether the offender's commission of the offence while on day release or work release aggravated the offence and affected accumulation or commencement of sentence." 'Whether the sentence should commence from the possible parole release date of 26 July 2017 or another date.' "How the offender's youth, first time in adult custody, deprived background, Aboriginality, rehabilitation prospects, remorse, prior offending, and alcohol abuse affected sentence." 'Whether special circumstances justified altering the statutory relationship between the non-parole period and the balance of term.']

Ratio Decidendi

The robbery was below but not substantially below mid-range objective seriousness, involved threat and force against a victim walking home from work, and was significantly aggravated because the offender committed it while on day release or work release from a sentence for similar aggravated robberies and after consuming alcohol in breach of release conditions. His deprived background, youth, Aboriginality, guilty plea, and prior positive progress in juvenile custody mitigated sentence, but rehabilitation prospects were guarded and general and specific deterrence were important. The sentence should not commence from the possible parole date because the offender never entered parole and...

Court Disposition

Convicted and sentenced to imprisonment for 3 years with a non-parole period of 1 year and 6 months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment for 3 years.' 'The non-parole period is 1 year and 6 months commencing on 21 June 2018 and expiring on 20 December 2019.' 'The balance of term is 1 year and 6 months commencing on 21 December 2019 and expiring on 20 June 2021.' 'The...