R v SBRUGNERA [2009] NSWDC 320

R v SBRUGNERA [2009] NSWDC 320

Applying the principles of sentencing for robbery and aggravated robbery, with adjustment for early guilty plea, the offender's serious criminal history, and acknowledgment of special circumstances, the Court imposed a fixed term for robbery and a total effective sentence reflecting the aggravating features and cumulative nature of the offences.

Parties
Prosecution: The Crown; Offender: Jesse Sbrugnera
Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for robbery and aggravated robbery; sentences to be served cumulatively, with specified fixed and non-parole periods.
Legal Topics
Robbery, Aggravated Robbery, Sentencing, Form 1 Offences, Criminal History
Criminal Law Robbery Aggravated Robbery Sentencing Form 1 Offences Criminal History

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Parties

The Crown

Prosecution

Jesse Sbrugnera

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery and aggravated robbery
  2. 2 Consideration of Form 1 offences in sentencing
  3. 3 Effect of early guilty plea on sentence

Ratio Decidendi

Applying the principles of sentencing for robbery and aggravated robbery, with adjustment for early guilty plea, the offender's serious criminal history, and acknowledgment of special circumstances, the Court imposed a fixed term for robbery and a total effective sentence reflecting the aggravating features and cumulative nature of the offences.

Court Disposition

Offender sentenced to imprisonment for robbery and aggravated robbery; sentences to be served cumulatively, with specified fixed and non-parole periods.

Orders

  • For robbery, sentenced to 18 months imprisonment (fixed term) commencing 5 November 2009.
  • For aggravated robbery (including Form 1 matters), sentenced to 3 years imprisonment with a non-parole period of 1 year commencing 5 November 2010.