R v Nasrallah [2020] NSWDC 888

R v Nasrallah [2020] NSWDC 888

Although the offender was young, a first offender, pleaded guilty early, showed remorse and rehabilitation, and had a lesser role than the co-offender, the armed robbery involved disguised offenders, weapons, a knife held at the console operator's throat, use of a crowbar, and serious harm to the victim and community confidence. The objective seriousness of the robbery, the statutory maximum, the armed robbery guideline judgment, general deterrence, punishment and parity required full-time imprisonment; an Intensive Correction Order could not adequately reflect the seriousness of the offence. Special circumstances justified a non-parole period slightly less than 50% of the total sentence.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to full-time imprisonment: 2 years 9 months for robbery armed with an offensive weapon with a non-parole period of 1 year 4 months, and a concurrent fixed term of 3 months for intentionally damaging property.
Legal Topics
['robbery Armed With Offensive Weapon' 'destroy or Damage Property' 'guideline Judgment' 'parity' 'young Offender' 'first Offender' 'intensive Correction Order' 'special Circumstances' 'drug Use and Sentence']
['criminal Law' 'sentencing'] ['robbery Armed With Offensive Weapon' 'destroy or Damage Property' 'guideline Judgment' 'parity' 'young Offender' 'first Offender' 'intensive Correction Order' 'special Circumstances' 'drug Use and Sentence']

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Procedural Posture

Criminal Sentencing / 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).' 'What sentence should be imposed for intentionally damaging property dealt with on a s 166 Criminal Procedure Act 1986 certificate.' "Whether the offender's youth, lack of relevant criminal history, plea of guilty, remorse, rehabilitation, mental health and drug history justified an Intensive Correction Order or reduced full-time custody." 'How the guideline judgment for armed robbery, objective seriousness, general deterrence, parity with the co-offender and special circumstances should affect the sentence.']

Ratio Decidendi

Although the offender was young, a first offender, pleaded guilty early, showed remorse and rehabilitation, and had a lesser role than the co-offender, the armed robbery involved disguised offenders, weapons, a knife held at the console operator's throat, use of a crowbar, and serious harm to the victim and community confidence. The objective seriousness of the robbery, the statutory maximum, the armed robbery guideline judgment, general deterrence, punishment and parity required full-time imprisonment; an Intensive Correction Order could not adequately reflect the seriousness of the offence. Special circumstances justified a non-parole period slightly less than 50% of the total sentence.

Court Disposition

The offender was convicted and sentenced to full-time imprisonment: 2 years 9 months for robbery armed with an offensive weapon with a non-parole period of 1 year 4 months, and a concurrent fixed term of 3 months for intentionally damaging property.

Orders

  • ['The offender is convicted in relation to the two matters before the Court.' "For the intentionally damage property offence, the offender is sentenced to three months' imprisonment commencing 16 December 2020, as a fixed term because it is less than six months." "For the s 97(1) offence, the offender is sentenced...