R v Hopwood [2019] NSWDC 131

R v Hopwood [2019] NSWDC 131

The offence was a mid-range, planned armed robbery by three armed offenders against a lone shopkeeper, aggravated by the offender acting with others and committing the offence shortly after being placed on a good behaviour bond. The sentence was moderated for the offender's youth, dysfunctional upbringing, indirect remorse, first adult offence, early guilty plea and guarded prospects of rehabilitation. Special circumstances were found because a longer period on parole would enhance rehabilitation, but parity with the juvenile co-offender's sentence was not of much significance.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted of robbery armed with an offensive weapon and sentenced to imprisonment for 4 years 6 months with a non-parole period of 2 years 6 months.
Legal Topics
['robbery Armed With an Offensive Weapon' 'objective Seriousness' 'aggravating Factors' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period' 'parity']
['criminal Law' 'sentencing'] ['robbery Armed With an Offensive Weapon' 'objective Seriousness' 'aggravating Factors' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period' 'parity']

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Procedural Posture

Criminal / Sentence

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.' 'How to assess the objective seriousness of the planned armed robbery committed with co-offenders.' 'What weight to give to aggravating factors including offending with others and breach of a good behaviour bond.' 'What weight to give to youth, dysfunctional upbringing, drug use, remorse, prospects of rehabilitation and the guilty plea.' 'Whether parity with the sentence imposed on a juvenile co-offender was a significant consideration.' 'Whether special circumstances justified varying the ratio between the head sentence and non-parole period.']

Ratio Decidendi

The offence was a mid-range, planned armed robbery by three armed offenders against a lone shopkeeper, aggravated by the offender acting with others and committing the offence shortly after being placed on a good behaviour bond. The sentence was moderated for the offender's youth, dysfunctional upbringing, indirect remorse, first adult offence, early guilty plea and guarded prospects of rehabilitation. Special circumstances were found because a longer period on parole would enhance rehabilitation, but parity with the juvenile co-offender's sentence was not of much significance.

Court Disposition

Offender convicted of robbery armed with an offensive weapon and sentenced to imprisonment for 4 years 6 months with a non-parole period of 2 years 6 months.

Orders

  • ['Jarrad Paul Hopwood is convicted of robbery armed with an offensive weapon.' 'The offender is sentenced to a term of imprisonment of 4 years and 6 months.' 'The non-parole period is fixed at 2 years and 6 months, to date from 21 February 2018 and expire on 20 August 2020.' 'The balance of the term is fixed at 2...