R v Faiva PECKHAM [2010] NSWDC 163

R v Faiva PECKHAM [2010] NSWDC 163

Given the seriousness of the offences, the fact they occurred while on parole, the early guilty plea, history of substance abuse, and the potential benefit of rehabilitation, the appropriate sentences are two and a half years (robbery) with 18 months non-parole, 20 months (demand money with menaces) with 15 months non-parole, and 6 months concurrent for escape custody, with referral to the Drug Court to consider a Compulsory Drug Treatment Order.

Parties
Prosecution: Regina; Accused: Faiva Peckham
Jurisdiction
Australia
Judgment Date
29 March 2010
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Robbery, Demanding Money With Menaces, Escape From Police Custody, Sentencing, Parole, Drug Treatment Referral
Criminal Law Robbery Demanding Money With Menaces Escape From Police Custody Sentencing Parole Drug Treatment Referral

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Parties

Regina

Prosecution

Faiva Peckham

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for robbery
  2. 2 Appropriate sentence for demanding money with menaces
  3. 3 Appropriate sentence for escape from police custody

Ratio Decidendi

Given the seriousness of the offences, the fact they occurred while on parole, the early guilty plea, history of substance abuse, and the potential benefit of rehabilitation, the appropriate sentences are two and a half years (robbery) with 18 months non-parole, 20 months (demand money with menaces) with 15 months non-parole, and 6 months concurrent for escape custody, with referral to the Drug Court to consider a Compulsory Drug Treatment Order.

Court Disposition

convicted and sentenced

Orders

  • Robbery: two and a half years imprisonment, non-parole period of 18 months (20 Nov 2009 – 19 May 2011), balance of term 12 months (20 May 2011 – 19 May 2012)
  • Demand money with menaces: 20 months imprisonment, non-parole period of 15 months (20 April 2010 – 19 July 2011), balance of term 5 months (20 July 2011 – 19 December 2011)