R v Isaia [2023] NSWDC 389

R v Isaia [2023] NSWDC 389

The offending involved planned and violent conduct against multiple victims outside a busy shopping centre, including an armed robbery with a gel blaster perceived as a firearm, a forceful assault on a 17 year old, destruction of a bystander's phone and threats to that bystander. Although the offender was relatively young, had limited criminal history, pleaded guilty at the earliest opportunity and showed some remorse, the seriousness of the offending, need for deterrence, and commission while on a Community Correction Order required imprisonment. Special circumstances justified a non-parole period lower than the ordinary ratio because this was the offender's first full-time imprisonment,...

Jurisdiction
Australia
Judgment Date
20 July 2023
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years 6 months. Special circumstances found. Community Correction Order revoked with no further action.
Legal Topics
['robbery Armed With a Dangerous Weapon' 'damage Property' 'assault Occasioning Actual Bodily Harm in Company' 'intimidation' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'community Correction Order Breach']
['criminal Law' 'sentencing'] ['robbery Armed With a Dangerous Weapon' 'damage Property' 'assault Occasioning Actual Bodily Harm in Company' 'intimidation' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'community Correction Order Breach']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for robbery whilst armed with a dangerous weapon, damaging property, assault occasioning actual bodily harm in company, and intimidation.' 'The objective seriousness of each offence, including use of a gel blaster perceived as a firearm, violence, planning, multiple victims and offending in company.' 'Whether the offender should receive a discount for pleas of guilty entered at the earliest opportunity.' 'Whether special circumstances justified adjustment of the ordinary statutory ratio between the non-parole period and head sentence.' "How to deal with the offender's breach of an existing Community Correction Order."]

Ratio Decidendi

The offending involved planned and violent conduct against multiple victims outside a busy shopping centre, including an armed robbery with a gel blaster perceived as a firearm, a forceful assault on a 17 year old, destruction of a bystander's phone and threats to that bystander. Although the offender was relatively young, had limited criminal history, pleaded guilty at the earliest opportunity and showed some remorse, the seriousness of the offending, need for deterrence, and commission while on a Community Correction Order required imprisonment. Special circumstances justified a non-parole period lower than the ordinary ratio because this was the offender's first full-time imprisonment,...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 4 years with a non-parole period of 2 years 6 months. Special circumstances found. Community Correction Order revoked with no further action.

Orders

  • ['Aggregate sentence of imprisonment for 4 years commencing 18 May 2022 and expiring 17 May 2026.' 'Non-parole period of 2 years 6 months commencing 18 May 2022 and expiring 17 November 2024.' 'Indicative sentence for sequence 1, robbery armed with dangerous weapon: 3 years 6 months after a 25% discount.'...