R v Barnes [2019] NSWDC 939

R v Barnes [2019] NSWDC 939

The robbery in company was objectively very serious because it involved three offenders, premeditated entry into a secure residential garage, significant violence against a lone victim, and prevention of the victim's escape. The offending was further aggravated because it occurred while the offender was subject to conditional liberty. Although the offender pleaded guilty, had a troubled upbringing, some remorse, and some rehabilitative efforts, his criminal history and risk factors meant his prospects of rehabilitation could not be viewed optimistically. Totality did not justify preserving the existing non-parole period because that would fail to reflect the seriousness of the robbery,...

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment for 5 years with a non-parole period of 3 years.
Legal Topics
['robbery in Company' 'form 1 Offence' 'take and Drive a Stolen Conveyance' 'guilty Plea Discount' 'totality' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery in Company' 'form 1 Offence' 'take and Drive a Stolen Conveyance' 'guilty Plea Discount' 'totality' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for the offence of robbery in company, taking into account the Form 1 offence of take and drive a stolen conveyance.' "Whether the sentence should be structured so as not to extend the offender's existing non-parole period." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and the head sentence.']

Ratio Decidendi

The robbery in company was objectively very serious because it involved three offenders, premeditated entry into a secure residential garage, significant violence against a lone victim, and prevention of the victim's escape. The offending was further aggravated because it occurred while the offender was subject to conditional liberty. Although the offender pleaded guilty, had a troubled upbringing, some remorse, and some rehabilitative efforts, his criminal history and risk factors meant his prospects of rehabilitation could not be viewed optimistically. Totality did not justify preserving the existing non-parole period because that would fail to reflect the seriousness of the robbery,...

Court Disposition

Sentenced to imprisonment for 5 years with a non-parole period of 3 years.

Orders

  • ['A head sentence of five years is imposed.' 'A non-parole period of three years is imposed.' 'Each of the sentences will commence on 11 September 2019.' 'The non-parole period will expire on 10 September 2022.' 'The head sentence will expire on 10 September 2024.']