R v Mokomoko [2019] NSWDC 258

R v Mokomoko [2019] NSWDC 258

The robbery was opportunistic, isolated, brief, involved no loss, and the punch only brushed the victim's ear, placing it in the low range of objective seriousness. Although the offender was on two probation orders, he was youthful, had pleaded guilty at the earliest opportunity, had significant subjective difficulties, and community safety would be served by rehabilitation and supervision. A conviction and 2 year Community Correction Order with rehabilitation, abstention and supervision conditions was therefore appropriate.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal Sentencing for One Count of Robbery Contrary to Crimes Act 1900 S 94 / Sentence Following Guilty Plea
Outcome
The offender was convicted and ordered to comply with a Community Correction Order for 2 years commencing 7 June 2019.
Legal Topics
['robbery' 'community Correction Order' 'guilty Plea Discount' 'objective Seriousness' 'rehabilitation' 'youthful Offender']
['criminal Law' 'sentencing'] ['robbery' 'community Correction Order' 'guilty Plea Discount' 'objective Seriousness' 'rehabilitation' 'youthful Offender']

Case Brief

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Procedural Posture

Criminal Sentencing for One Count of Robbery Contrary to Crimes Act 1900 S 94 / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for one count of robbery contrary to Crimes Act 1900 s 94.' 'Whether the offender should receive a 25% discount for an early guilty plea.' 'Where the offence fell in the range of objective seriousness.' "Whether a Community Correction Order was appropriate having regard to community safety, rehabilitation, aggravating features and the offender's subjective circumstances."]

Ratio Decidendi

The robbery was opportunistic, isolated, brief, involved no loss, and the punch only brushed the victim's ear, placing it in the low range of objective seriousness. Although the offender was on two probation orders, he was youthful, had pleaded guilty at the earliest opportunity, had significant subjective difficulties, and community safety would be served by rehabilitation and supervision. A conviction and 2 year Community Correction Order with rehabilitation, abstention and supervision conditions was therefore appropriate.

Court Disposition

The offender was convicted and ordered to comply with a Community Correction Order for 2 years commencing 7 June 2019.

Orders

  • ['The offender is convicted.' 'Pursuant to section 8(1) of the Crimes (Sentence Procedure) Act 1999, the offender is ordered to comply with a community correction order.' 'The duration of the order is 2 years, commencing 7 June 2019.' 'The offender must not commit any offence.' 'The offender must appear before the...