R v RYAN [2019] NSWDC 650

R v RYAN [2019] NSWDC 650

The two robberies involved serious objective criminality in the middle of the range, including threats to retail assistants that the offender had a knife, property taken from retail outlets, limited planning, and offending while on parole. The offender's criminal history, particularly prior armed robbery offences, made specific deterrence important and disentitled him to leniency, but his guilty plea warranted a 25% discount, his antisocial personality disorder modestly moderated the otherwise appropriate sentence, and totality required some notional accumulation because the offences formed one episode within a 25 minute period. Special circumstances justified varying the statutory ratio,...

Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Criminal Sentencing for Two Offences of Robbery Pursuant to S 94(a) of the Crimes Act / Sentence After Guilty Plea
Outcome
Offender convicted of each robbery offence and sentenced to an aggregate term of imprisonment of four years with a non-parole period of two years.
Legal Topics
['robbery' 'retail Outlets' 'mental Health Issues' 'totality' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery' 'retail Outlets' 'mental Health Issues' 'totality' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Two Offences of Robbery Pursuant to S 94(a) of the Crimes Act / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for two robbery offences committed at Lake Haven Shopping Centre on 23 November 2018.' "Whether the offender's guilty plea warranted a 25% discount on sentence." "How the offender's mental health, including antisocial personality disorder and substance use disorder, affected sentence." 'Whether totality required concurrency or accumulation between the two offences.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.']

Ratio Decidendi

The two robberies involved serious objective criminality in the middle of the range, including threats to retail assistants that the offender had a knife, property taken from retail outlets, limited planning, and offending while on parole. The offender's criminal history, particularly prior armed robbery offences, made specific deterrence important and disentitled him to leniency, but his guilty plea warranted a 25% discount, his antisocial personality disorder modestly moderated the otherwise appropriate sentence, and totality required some notional accumulation because the offences formed one episode within a 25 minute period. Special circumstances justified varying the statutory ratio,...

Court Disposition

Offender convicted of each robbery offence and sentenced to an aggregate term of imprisonment of four years with a non-parole period of two years.

Orders

  • ['In respect of each offence of robbery pursuant to s 94(a) of the Crimes Act, Robert Mark Ryan is convicted.' 'Aggregate sentence of four years to date from 23 May 2019 and expire on 22 May 2023.' 'Non-parole period of two years to date from 23 May 2019 and expire on 22 May 2021.' 'The earliest date upon which the...