R v Blackmore [2022] NSWDC 763

R v Blackmore [2022] NSWDC 763

The robbery was objectively serious and required a custodial sentence, but it fell toward the lower end of matters encompassed by the Henry guideline because a small amount was taken and the weapon was not produced. The intimidation was serious but did not require custody. After applying the 25% plea discount allowed by s 25D, considering the offender's criminal record, mental illness, Aboriginal background, deprived and traumatic childhood, drug abuse, COVID-19 custody conditions, reduced moral culpability and need for structured reintegration, the Court fixed the minimum period necessary in custody and imposed imprisonment for the robbery with parole supervision, plus a Community...

Jurisdiction
Australia
Judgment Date
24 November 2022
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Imprisonment sentence of 3 years with a non-parole period of 1 year 6 months for robbery; Community Correction Order for 2 years 6 months for intimidation.
Legal Topics
['robbery Armed With an Offensive Weapon' 'stalking or Intimidation' 'plea of Guilty' 'guideline Judgments' 'aboriginal Offender' 'mental Illness' 'drug Addiction' 'covid 19 Custody Conditions' 'community Correction Order' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'stalking or Intimidation' 'plea of Guilty' 'guideline Judgments' 'aboriginal Offender' 'mental Illness' 'drug Addiction' 'covid 19 Custody Conditions' 'community Correction Order' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for robbery armed with an offensive weapon contrary to s 97(1) Crimes Act 1900 (NSW).' 'What sentence should be imposed for intimidation intending to cause harm contrary to s 13(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW).' "Whether the offender's pleas of guilty should receive a utilitarian discount greater than 25% because sentence was served during the COVID-19 pandemic." "How the offender's Aboriginality, deprived childhood, trauma, mental illness, intellectual disability, drug abuse, criminal history and prospects for support in the community should affect sentence."]

Ratio Decidendi

The robbery was objectively serious and required a custodial sentence, but it fell toward the lower end of matters encompassed by the Henry guideline because a small amount was taken and the weapon was not produced. The intimidation was serious but did not require custody. After applying the 25% plea discount allowed by s 25D, considering the offender's criminal record, mental illness, Aboriginal background, deprived and traumatic childhood, drug abuse, COVID-19 custody conditions, reduced moral culpability and need for structured reintegration, the Court fixed the minimum period necessary in custody and imposed imprisonment for the robbery with parole supervision, plus a Community...

Court Disposition

Imprisonment sentence of 3 years with a non-parole period of 1 year 6 months for robbery; Community Correction Order for 2 years 6 months for intimidation.

Orders

  • ["For the robbery offence, taking into account the plea of guilty, a sentence of 3 years' imprisonment was imposed." 'A non-parole period of 1 year and 6 months was imposed, dated from 15 November 2021.' 'The offender is to be released to parole, subject to supervision, on 14 May 2023.' 'The balance of the sentence...