R v Skopin [2019] NSWDC 758

R v Skopin [2019] NSWDC 758

The armed robbery and similar Form 1 offence were around the midrange of objective seriousness, involved planning, use of a female accomplice and a knife, and the principal offence was aggravated by being committed while the offender was on bail. Balancing those matters with the early guilty plea, remorse, drug addiction, some amelioration of moral culpability, rehabilitation prospects and special circumstances justified a sentence of four years imprisonment with a non-parole period of two years and six months.

Jurisdiction
Australia
Judgment Date
30 September 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to four years imprisonment with a non-parole period of two years and six months, taking into account the Form 1 matter; special circumstances found.
Legal Topics
['robbery Armed With an Offensive Weapon' 'imprisonment' 'form 1 Offences' 'breach of Conditional Liberty' 'plea of Guilty' 'remorse' 'rehabilitation' 'drug Addiction' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'imprisonment' 'form 1 Offences' 'breach of Conditional Liberty' 'plea of Guilty' 'remorse' 'rehabilitation' 'drug Addiction' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for robbery armed with an offensive weapon under s 97(1) of the Crimes Act 1900, taking into account a further Form 1 offence.' "How the offender's plea of guilty, remorse, drug addiction, rehabilitation prospects, criminal history, and commission of the offence while on bail should affect sentence." 'Whether special circumstances should be found.']

Ratio Decidendi

The armed robbery and similar Form 1 offence were around the midrange of objective seriousness, involved planning, use of a female accomplice and a knife, and the principal offence was aggravated by being committed while the offender was on bail. Balancing those matters with the early guilty plea, remorse, drug addiction, some amelioration of moral culpability, rehabilitation prospects and special circumstances justified a sentence of four years imprisonment with a non-parole period of two years and six months.

Court Disposition

Offender convicted and sentenced to four years imprisonment with a non-parole period of two years and six months, taking into account the Form 1 matter; special circumstances found.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the Form 1 matter, a sentence of four years imprisonment is imposed commencing 11 October 2018.' 'A non-parole period of two years and six months is imposed; the offender is eligible for release on 10 April 2021.' 'Special circumstances are found.']