R v FERREIRA Carlos [2009] NSWDC 417

R v FERREIRA Carlos [2009] NSWDC 417

The offender committed a serious robbery that terrified the victim, involved threats to kill, the taking of a significant sum of money and occurred against a background of extensive prior dishonesty offending, drug use, failed rehabilitation opportunities and offending while on a s 12 bond. Although the offender had traumatic personal history and some expressions of remorse, those matters carried limited weight, and only a limited finding of special circumstances was warranted. A custodial sentence with a non-parole period of two years and six months was appropriate for the robbery, with a concurrent three-month term for the related property offence.

Jurisdiction
Australia
Judgment Date
12 March 2009
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was sentenced to imprisonment for robbery and for the related matter of dealing with property suspected of being the proceeds of crime.
Legal Topics
['robbery' 'sentencing' 'dealing With Property Suspected of Being Proceeds of Crime']
['criminal Law'] ['robbery' 'sentencing' 'dealing With Property Suspected of Being Proceeds of Crime']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for the offence of robbery.' 'What sentence should be imposed for the related matter of dealing with property suspected of being the proceeds of crime.' 'Whether special circumstances should be found in fixing the non-parole period.']

Ratio Decidendi

The offender committed a serious robbery that terrified the victim, involved threats to kill, the taking of a significant sum of money and occurred against a background of extensive prior dishonesty offending, drug use, failed rehabilitation opportunities and offending while on a s 12 bond. Although the offender had traumatic personal history and some expressions of remorse, those matters carried limited weight, and only a limited finding of special circumstances was warranted. A custodial sentence with a non-parole period of two years and six months was appropriate for the robbery, with a concurrent three-month term for the related property offence.

Court Disposition

The offender was sentenced to imprisonment for robbery and for the related matter of dealing with property suspected of being the proceeds of crime.

Orders

  • ['For the offence of robbery, the offender was sentenced to a non-parole period of two years and six months, from 30 June 2008 to 29 December 2010, with the balance of the term from 30 December 2010 to 29 December 2012.' 'The offender is to be released on parole on 29 December 2010.' 'For the related matter of...