R v Inglis [2023] NSWDC 453

R v Inglis [2023] NSWDC 453

The offender's three offences required fulltime custody because of their objective seriousness, the offender's serious criminal history and the fact that the offences were committed on conditional liberty. The Sydney armed robbery was objectively serious just below the mid-range for s 97(1), the accessory after the fact offence was at the lower end, and the assault occasioning actual bodily harm in company was objectively serious in the mid-range. However, the offender's early guilty pleas, youth, Aboriginal background of profound deprivation, intellectual disability, mental health conditions, causal link between those conditions and the offending, remorse and risk of institutionalisation...

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Criminal Sentencing / Sentence Hearing After Early Pleas of Guilty in the Local Court
Outcome
Convicted and sentenced to fulltime custody by aggregate sentence, with Drug Court referral.
Legal Topics
['robbery Armed With Offensive Weapon' 'accessory After the Fact Robbery in Company' 'assault Occasioning Actual Bodily Harm in Company' 'aggregate Sentence' 'totality' 'special Circumstances' 'youth and Rehabilitation' 'aboriginal Offender and Deprived Background' 'mental Health and Intellectual Disability' 'drug Court Referral']
['criminal Law' 'sentencing'] ['robbery Armed With Offensive Weapon' 'accessory After the Fact Robbery in Company' 'assault Occasioning Actual Bodily Harm in Company' 'aggregate Sentence' 'totality' 'special Circumstances' 'youth and Rehabilitation' 'aboriginal Offender and Deprived Background' 'mental Health and Intellectual Disability' 'drug Court Referral']

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Procedural Posture

Criminal Sentencing / Sentence Hearing After Early Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's offences of robbery armed with offensive weapon, accessory after the fact robbery in company, and assault occasioning actual bodily harm in company." 'How the objective seriousness of each offence should be assessed, including vulnerability of victims and conditional liberty.' "What mitigating effect should be given to the offender's early pleas of guilty, youth, Aboriginal background of profound deprivation, mental health conditions, intellectual disability, remorse and rehabilitation prospects." 'How totality, parity with co-offenders, special circumstances and existing sentences should affect the aggregate sentence, non-parole period and commencement date.' 'Whether the offender should be referred to the Drug Court to determine eligibility for a compulsory Drug Treatment Order.']

Ratio Decidendi

The offender's three offences required fulltime custody because of their objective seriousness, the offender's serious criminal history and the fact that the offences were committed on conditional liberty. The Sydney armed robbery was objectively serious just below the mid-range for s 97(1), the accessory after the fact offence was at the lower end, and the assault occasioning actual bodily harm in company was objectively serious in the mid-range. However, the offender's early guilty pleas, youth, Aboriginal background of profound deprivation, intellectual disability, mental health conditions, causal link between those conditions and the offending, remorse and risk of institutionalisation...

Court Disposition

Convicted and sentenced to fulltime custody by aggregate sentence, with Drug Court referral.

Orders

  • ['The offender is convicted of robbery armed with offensive weapon pursuant to s 97(1) of the Crimes Act 1900.' 'The offender is convicted of accessory after the fact robbery in company pursuant to s 97(1) and s 349(2) of the Crimes Act 1900.' 'The offender is convicted of assault occasioning actual bodily harm in...