R v II [2008] NSWSC 325

R v II [2008] NSWSC 325

Although robbery in company of hotel management and patrons was serious and involved planning by the robbers, the offender's objective criminality was reduced because her role was limited to driving, she was remote from the robbery, and the Crown accepted she did not know weapons would be used. Her late plea warranted a 10 per cent discount, her admissions to police warranted additional leniency, the Form 1 offences were taken into account, and her youth, lack of criminal history, strong character evidence, rehabilitation and time on remand justified considerable weight to subjective factors and a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
11 April 2008
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Plea of Guilty to Robbery in Company Accepted in Full Discharge of Indictment
Outcome
The offender was sentenced to imprisonment for robbery in company and directed to be released forthwith.
Legal Topics
['robbery in Company' 'late Plea of Guilty' 'form 1 Offences Taken Into Account' 'guideline Judgment in R V Henry' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery in Company' 'late Plea of Guilty' 'form 1 Offences Taken Into Account' 'guideline Judgment in R V Henry' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Plea of Guilty to Robbery in Company Accepted in Full Discharge of Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company contrary to s 97 of the Crimes Act 1900 where the offender drove the getaway car.' "Whether the offender's role and lack of knowledge that weapons would be used reduced the objective seriousness of her offending." 'What discount should be allowed for a late plea of guilty to a lesser charge.' 'Whether offences on a Form 1 should be taken into account in fixing sentence.' 'Whether special circumstances justified departure from the statutory relationship between non-parole period and term of imprisonment.']

Ratio Decidendi

Although robbery in company of hotel management and patrons was serious and involved planning by the robbers, the offender's objective criminality was reduced because her role was limited to driving, she was remote from the robbery, and the Crown accepted she did not know weapons would be used. Her late plea warranted a 10 per cent discount, her admissions to police warranted additional leniency, the Form 1 offences were taken into account, and her youth, lack of criminal history, strong character evidence, rehabilitation and time on remand justified considerable weight to subjective factors and a finding of special circumstances.

Court Disposition

The offender was sentenced to imprisonment for robbery in company and directed to be released forthwith.

Orders

  • ['In respect of the offence of robbery in company contrary to s 97 of the Crimes Act, I sentence the offender to a non-parole period of 21 months commencing on 11 June 2006 and expiring on 10 March 2008 with a balance of term of 15 months expiring on 10 June 2009.' 'In accordance with s 50(1) of the Crimes...