R v Devries [2018] NSWDC 368

R v Devries [2018] NSWDC 368

The offences were below midrange but serious and required full-time custody, particularly because the offender used knives, made threats, had a long criminal history, offended for financial gain, and committed the offences very shortly after release on parole. The guilty pleas warranted a 25% utilitarian discount and the offender's deprived upbringing, Aboriginal background, low cognitive functioning and limited mental health considerations reduced moral culpability to a limited extent. Given parole revocation, totality and discretion as to commencement, the aggregate sentence was backdated to 7 March 2018, and special circumstances were found because of accumulation, possible...

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years and 4 months.
Legal Topics
['robbery Armed With an Offensive Weapon' 'form 1 Matters' 'offences Committed While on Conditional Liberty' 'parole Revocation and Sentence Commencement' 'troubled Childhood and Deprivation' 'substance Abuse' 'cognitive Impairment' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'form 1 Matters' 'offences Committed While on Conditional Liberty' 'parole Revocation and Sentence Commencement' 'troubled Childhood and Deprivation' 'substance Abuse' 'cognitive Impairment' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of robbery armed with an offensive weapon under s 97(1) of the Crimes Act 1901.' 'How the Form 1 matters should be taken into account in sentencing.' "What weight should be given to the offender's criminal record, offending while on conditional liberty, financial gain, guilty plea, remorse, deprived background, substance abuse, cognitive functioning and mental condition." 'Whether and how the sentence should be backdated given the offender committed the offences shortly after release on parole and parole had been revoked.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offences were below midrange but serious and required full-time custody, particularly because the offender used knives, made threats, had a long criminal history, offended for financial gain, and committed the offences very shortly after release on parole. The guilty pleas warranted a 25% utilitarian discount and the offender's deprived upbringing, Aboriginal background, low cognitive functioning and limited mental health considerations reduced moral culpability to a limited extent. Given parole revocation, totality and discretion as to commencement, the aggregate sentence was backdated to 7 March 2018, and special circumstances were found because of accumulation, possible...

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of 5 years and 6 months with a non-parole period of 3 years and 4 months.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 5 years, 6 months is imposed, to commence on 7 March 2018 and expire on 6 September 2023.' 'A non-parole period of 3 years, 4 months is imposed, expiring on 6 July 2021, and the offender is eligible for release to parole on that...