R v George James Fernando [2007] NSWDC 158

R v George James Fernando [2007] NSWDC 158

The offences involved serious planned group criminality, violence and threats against vulnerable victims in the early hours of the morning, use of a stolen vehicle and wheel braces, and a course of offending that required substantial imprisonment. The offender was not the leader but was an active front man and important participant. His early guilty plea, cooperation, contrition and subjective circumstances warranted a 30 per cent discount, and his Aboriginal background and rehabilitation needs justified special circumstances and parole supervision. The sentences were made concurrent, with the robbery sentence increased to reflect the Form 1 matters and totality.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas in the Local Court to Robbery in Company and Assault With Intent to Rob in Company
Outcome
Convicted and sentenced to imprisonment: for robbery in company, a non-parole period of 3 years, 3 months and 15 days with a balance of term of 3 years; for assault with intent to rob in company, a fixed term of 3 years imprisonment.
Legal Topics
['robbery in Company' 'assault With Intent to Rob in Company' 'form 1 Matters' 'aboriginal Offenders' 'fernando Principles' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'guilty Plea Discount' 'totality']
['criminal Law' 'sentencing'] ['robbery in Company' 'assault With Intent to Rob in Company' 'form 1 Matters' 'aboriginal Offenders' 'fernando Principles' 'general Deterrence' 'personal Deterrence' 'special Circumstances' 'guilty Plea Discount' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas in the Local Court to Robbery in Company and Assault With Intent to Rob in Company

Legal Issues

  1. 1 ['What sentences should be imposed for robbery in company and assault with intent to rob in company committed during a series of early morning offences in Coffs Harbour.' 'Whether and how the court should take into account Form 1 matters under s 32 of the Crimes (Sentencing Procedure) Act.' "What weight should be given to the offender's early guilty plea, cooperation with police, personal background, Aboriginality, rehabilitation prospects, prior record, and the need for general and personal deterrence." 'Whether special circumstances should be found and whether the sentences should be concurrent.']

Ratio Decidendi

The offences involved serious planned group criminality, violence and threats against vulnerable victims in the early hours of the morning, use of a stolen vehicle and wheel braces, and a course of offending that required substantial imprisonment. The offender was not the leader but was an active front man and important participant. His early guilty plea, cooperation, contrition and subjective circumstances warranted a 30 per cent discount, and his Aboriginal background and rehabilitation needs justified special circumstances and parole supervision. The sentences were made concurrent, with the robbery sentence increased to reflect the Form 1 matters and totality.

Court Disposition

Convicted and sentenced to imprisonment: for robbery in company, a non-parole period of 3 years, 3 months and 15 days with a balance of term of 3 years; for assault with intent to rob in company, a fixed term of 3 years imprisonment.

Orders

  • ['For the robbery in company at the Bogas service station, the offender was convicted and a non-parole period of 3 years, 3 months and 15 days was set to expire on 29 July 2008, with a balance of term of 3 years to expire on 29 July 2011.' 'For the assault with intent to rob at Sawtell, the offender was convicted...