R v Daniel [2022] NSWDC 729

R v Daniel [2022] NSWDC 729

Given the offender's multiple serious offences involving violence and weapons, the intense impact on victims, partial mitigation for background trauma and addiction, and demonstrated remorse and prospects for rehabilitation, an aggregate sentence of 10 years and 6 months imprisonment with a non-parole period of 6 years and 6 months was appropriate, with special circumstances found to enable a longer parole period given therapeutic needs and to avoid a crushing sentence.

Parties
Offender: Michael John Daniel; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 10 years 6 months imprisonment with non-parole period of 6 years 6 months; special circumstances found; orders as indicated for each count and aggregate sentence.
Legal Topics
Robbery Armed With Offensive Weapon, Assault With Intent to Rob While Armed, Specially Aggravated Break and Enter, Use of Dangerous Weapons, Sentencing Totality, Special Circumstances Parole, Victim Impact, Drug Use as Context for Offending
Criminal Law Robbery Armed With Offensive Weapon Assault With Intent to Rob While Armed Specially Aggravated Break and Enter Use of Dangerous Weapons Sentencing Totality Special Circumstances Parole Victim Impact +1 more

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Parties

Michael John Daniel

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple serious violent offences committed in short period
  2. 2 Impact of childhood trauma and addiction on culpability and sentence
  3. 3 Application of totality principle and avoidance of crushing sentence

Ratio Decidendi

Given the offender's multiple serious offences involving violence and weapons, the intense impact on victims, partial mitigation for background trauma and addiction, and demonstrated remorse and prospects for rehabilitation, an aggregate sentence of 10 years and 6 months imprisonment with a non-parole period of 6 years and 6 months was appropriate, with special circumstances found to enable a longer parole period given therapeutic needs and to avoid a crushing sentence.

Court Disposition

Aggregate sentence of 10 years 6 months imprisonment with non-parole period of 6 years 6 months; special circumstances found; orders as indicated for each count and aggregate sentence.

Orders

  • Aggregate sentence of 10 years 6 months imprisonment commencing 15 April 2021
  • Non-parole period of 6 years 6 months to 14 October 2027