R v Murphy [2013] NSWDC 33

R v Murphy [2013] NSWDC 33

Mr Murphy is sentenced to three years' imprisonment with a non-parole period of eighteen months for three offences of robbery in company, to be served concurrently, taking into account the principle of parity with his cooffenders, his early guilty plea, his background, remorse, and the aggravating feature of breaching bonds under the Crimes (Sentencing Procedure) Act.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment consisting of a non-parole period of 18 months and a head sentence of 3 years. Sentences are to be served concurrently.
Legal Topics
['robbery in Company' 'drunken Violence' 'sentencing' 'parity Principle' 'breach of Bond']
['criminal Law'] ['robbery in Company' 'drunken Violence' 'sentencing' 'parity Principle' 'breach of Bond']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for Mr Murphy for three offences of robbery in company?' "Should the principle of parity affect the sentence imposed on Mr Murphy given his cooffenders' sentences?" "What is the relevance of Mr Murphy's background and remorse to sentencing?" 'How should the breach of bonds under the Crimes (Sentencing Procedure) Act be treated in sentencing?']

Ratio Decidendi

Mr Murphy is sentenced to three years' imprisonment with a non-parole period of eighteen months for three offences of robbery in company, to be served concurrently, taking into account the principle of parity with his cooffenders, his early guilty plea, his background, remorse, and the aggravating feature of breaching bonds under the Crimes (Sentencing Procedure) Act.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 18 months and a head sentence of 3 years. Sentences are to be served concurrently.

Orders

  • ['For each matter Mr Murphy is sentenced to imprisonment: non-parole period of eighteen months with a head sentence of three years from 7 April 2012.' 'Non-parole period to expire 6 October 2013, on which day Mr Murphy is to be released to parole.']