R v Benjamin John AURISCH [2007] NSWDC 173

R v Benjamin John AURISCH [2007] NSWDC 173

Given the serious objective gravity of the bag-snatch robbery, its violation of the victim's personal safety, the need for general and personal deterrence, and the offender's criminal history and failure to respond to prior leniency, a sentence of imprisonment was required; allowing for remorse, admissions, an early guilty plea attracting a twenty-five per cent discount, and special circumstances supporting supervision and assistance on release, the appropriate sentence was a non-parole period of eighteen months and a head sentence of two and a half years.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Criminal Sentence for Robbery / Sentence After Early Plea of Guilty
Outcome
The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of two and a half years.
Legal Topics
['robbery' 'bag Snatch' 'plea of Guilty' 'admissions to Police' 'general Deterrence' 'personal Deterrence' 'remorse' 'rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery' 'bag Snatch' 'plea of Guilty' 'admissions to Police' 'general Deterrence' 'personal Deterrence' 'remorse' 'rehabilitation' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Robbery / Sentence After Early Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's robbery described as a bag snatch." 'Whether the offence was low in the range of objective seriousness.' "What weight should be given to the offender's guilty plea, admissions, remorse, criminal history, drug and alcohol use, and prospects of rehabilitation." 'Whether special circumstances justified adjustment of the relationship between the non-parole period and the head sentence.']

Ratio Decidendi

Given the serious objective gravity of the bag-snatch robbery, its violation of the victim's personal safety, the need for general and personal deterrence, and the offender's criminal history and failure to respond to prior leniency, a sentence of imprisonment was required; allowing for remorse, admissions, an early guilty plea attracting a twenty-five per cent discount, and special circumstances supporting supervision and assistance on release, the appropriate sentence was a non-parole period of eighteen months and a head sentence of two and a half years.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of two and a half years.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of eighteen months is set to commence on 5 January 2007 and expire on 4 July 2008, on which day the offender is to be released to parole.' 'A head sentence of two and a half years is set.' "It is a condition of the offender's release to parole that...