R v Clarkson [2024] NSWDC 283

R v Clarkson [2024] NSWDC 283

The Court held that the robbery was well below mid-range objective seriousness, while the 18 May 2023 assault with a shiv in custody was well above mid-range. The offender's deprived background, trauma and mental disorders reduced moral culpability, but his lengthy criminal history, guarded rehabilitation prospects, the seriousness of the prison assault, general deterrence and protection of the community required a substantial custodial sentence. The offender was entitled to the full 25% discount for the robbery plea because the Crown email was not an offer capable of refusal under s 25D(4)(b). Section 56 did not apply because the offender was not a convicted inmate at the actual time of...

Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Aggregate custodial sentence imposed.
Legal Topics
['robbery' 'assault in Custody' 'use Offensive Weapon With Intent to Commit Serious Indictable Offence' 'possess Offensive Weapon or Instrument in Place of Detention' 'aggregate Sentences' 'accumulation and Concurrency' 'totality' 'guilty Plea Discount' 'section 56 of the Crimes (sentencing Procedure) Act 1999 (nsw)']
['criminal Law' 'sentencing'] ['robbery' 'assault in Custody' 'use Offensive Weapon With Intent to Commit Serious Indictable Offence' 'possess Offensive Weapon or Instrument in Place of Detention' 'aggregate Sentences' 'accumulation and Concurrency' 'totality' 'guilty Plea Discount' 'section 56 of the Crimes (sentencing Procedure) Act 1999 (nsw)']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for the robbery offence and the 18 May 2023 offences, having regard to objective seriousness, subjective circumstances, criminal history, pleas of guilty, rehabilitation prospects, totality and proportionality.' 'Whether the offender was entitled to a 25% discount for the robbery plea under s 25D of the Crimes (Sentencing Procedure) Act 1999 (NSW), or whether s 25D(4)(b) applied because of an earlier Crown communication.' 'Whether s 56 of the Crimes (Sentencing Procedure) Act 1999 (NSW) applied to the assault committed in custody where the offender was on remand at the time but was later sentenced for another offence with a backdated custodial sentence.' 'How time already spent in custody, including time attributable to the Dishonesty Offence, should affect commencement of the aggregate sentence.']

Ratio Decidendi

The Court held that the robbery was well below mid-range objective seriousness, while the 18 May 2023 assault with a shiv in custody was well above mid-range. The offender's deprived background, trauma and mental disorders reduced moral culpability, but his lengthy criminal history, guarded rehabilitation prospects, the seriousness of the prison assault, general deterrence and protection of the community required a substantial custodial sentence. The offender was entitled to the full 25% discount for the robbery plea because the Crown email was not an offer capable of refusal under s 25D(4)(b). Section 56 did not apply because the offender was not a convicted inmate at the actual time of...

Court Disposition

Aggregate custodial sentence imposed.

Orders

  • ['The Court indicated the following sentences after the 25% discount: the Robbery charge, 3 years with a non-parole period of 2.25 years; the 18 May primary charge, 4 years; the 18 May s 166 charge, 9 months; and the 18 May offences would have been wholly accumulated to 4 years with a non-parole period of 3 years.'...