R v Buss [2021] NSWDC 675

R v Buss [2021] NSWDC 675

The seriousness of three robbery-related offences against vulnerable service station and sandwich shop attendants, committed on parole and in breach of a Community Correction Order, and the offender's long history of similar offending required a substantial custodial sentence with accumulation and emphasis on community protection. His guilty pleas, remorse, Aboriginal background of profound deprivation, mental illness, intellectual disability and COVID-19 custody conditions mitigated sentence, but his repeated failures on parole meant special circumstances were not found. An aggregate sentence of 5 years with a non-parole period of 3 years and 9 months was imposed.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Criminal Sentencing for Robbery Armed With Offensive Weapon, Robbery, Attempted Robbery, Dishonestly Obtaining Benefit by Deception, Unlicensed Driving and Breach of Community Correction Order / Sentence Following Guilty Pleas; Ex Tempore Revised; Matters on Criminal Procedure Act 1987 S 166 Certificate
Outcome
Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years and 9 months; no finding of special circumstances.
Legal Topics
['robbery Armed With Offensive Weapon' 'robbery' 'attempted Robbery' 'dishonestly Obtain Benefit by Deception' 'community Correction Order Breach' 'offending on Parole' 'mental Illness and Intellectual Disability' 'aboriginal Offender and Deprived Childhood' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery Armed With Offensive Weapon' 'robbery' 'attempted Robbery' 'dishonestly Obtain Benefit by Deception' 'community Correction Order Breach' 'offending on Parole' 'mental Illness and Intellectual Disability' 'aboriginal Offender and Deprived Childhood' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Robbery Armed With Offensive Weapon, Robbery, Attempted Robbery, Dishonestly Obtaining Benefit by Deception, Unlicensed Driving and Breach of Community Correction Order / Sentence Following Guilty Pleas; Ex Tempore Revised; Matters on Criminal Procedure Act 1987 S 166 Certificate

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple robbery-related offences and associated matters committed shortly after release to parole and in breach of a Community Correction Order.' "How the offender's deprived background, Aboriginality, mental illness, intellectual disability, remorse, guilty pleas and COVID-19 custody conditions should mitigate sentence." 'Whether protection of the community, criminal history and offending on conditional liberty required a harsher sentence and whether special circumstances should be found.']

Ratio Decidendi

The seriousness of three robbery-related offences against vulnerable service station and sandwich shop attendants, committed on parole and in breach of a Community Correction Order, and the offender's long history of similar offending required a substantial custodial sentence with accumulation and emphasis on community protection. His guilty pleas, remorse, Aboriginal background of profound deprivation, mental illness, intellectual disability and COVID-19 custody conditions mitigated sentence, but his repeated failures on parole meant special circumstances were not found. An aggregate sentence of 5 years with a non-parole period of 3 years and 9 months was imposed.

Court Disposition

Aggregate sentence of 5 years imprisonment with a non-parole period of 3 years and 9 months; no finding of special circumstances.

Orders

  • ['Breach of the Community Correction Order proved; sentence of one month imprisonment dating from 7 June 2020.' 'Two never licensed person drive vehicle on road matters dealt with pursuant to s 10A Crimes (Sentencing Procedure) Act 1999; no other penalty expedient.' 'For dishonestly obtain benefit by deception, Seq...