R v Madar [2020] NSWDC 185

R v Madar [2020] NSWDC 185

The offence was below the mid-range but not at the bottom of objective seriousness, and was aggravated because the offender was on conditional liberty, acted in company and targeted a vulnerable victim. However, his severe childhood abuse and dysfunctional upbringing reduced his moral culpability, and his remorse, guilty plea, past and future assistance, abstinence from illegal drugs in custody and reasonable prospects of rehabilitation justified leniency. Full-time imprisonment was required, but a 35% discount, backdating as an act of leniency, and special circumstances for a longer parole period resulted in a sentence of 3 years and 3 months with a non-parole period of 1 year and 8 months.

Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Imprisonment for 3 years and 3 months after a combined discount of 35%, with a non-parole period of 1 year and 8 months.
Legal Topics
['robbery Armed With an Offensive Weapon' 'objective Seriousness' 'conditional Liberty' 'vulnerable Victim' 'dysfunctional Upbringing' 'guilty Plea and Assistance Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'objective Seriousness' 'conditional Liberty' 'vulnerable Victim' 'dysfunctional Upbringing' 'guilty Plea and Assistance Discount' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for robbery armed with an offensive weapon contrary to s 97(1) of the Crimes Act 1900 (NSW).' 'How the objective seriousness and aggravating features of the offence should be assessed.' "How the offender's childhood abuse, drug use, remorse, guilty plea and assistance should affect sentence." 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offence was below the mid-range but not at the bottom of objective seriousness, and was aggravated because the offender was on conditional liberty, acted in company and targeted a vulnerable victim. However, his severe childhood abuse and dysfunctional upbringing reduced his moral culpability, and his remorse, guilty plea, past and future assistance, abstinence from illegal drugs in custody and reasonable prospects of rehabilitation justified leniency. Full-time imprisonment was required, but a 35% discount, backdating as an act of leniency, and special circumstances for a longer parole period resulted in a sentence of 3 years and 3 months with a non-parole period of 1 year and 8 months.

Court Disposition

Imprisonment for 3 years and 3 months after a combined discount of 35%, with a non-parole period of 1 year and 8 months.

Orders

  • ['Sentence fixed at imprisonment for 3 years and 3 months.' 'Non-parole period fixed at 1 year and 8 months, commencing 16 October 2018 and expiring on 15 June 2020.' 'Balance of term fixed at 1 year and 7 months, commencing 16 June 2020 and expiring on 15 January 2022.']