R v Glover; R v Ramos-Malo [2019] NSWDC 789

R v Glover; R v Ramos-Malo [2019] NSWDC 789

The robbery in company was toward the midrange of objective seriousness because the offenders, acting together, used a knife, applied force, threatened and humiliated the victim by making him strip naked, and took his property. A custodial sentence was required. Glover's more serious antecedents, offending shortly after release on parole, limited insight and weaker rehabilitation prospects justified a sentence of 5 years and 3 months with a 3-year non-parole period, commencing after expiry of his revoked parole period. Ramos-Malo's comparable conduct warranted a substantial custodial sentence, but his stronger remorse, rehabilitation progress and prospects justified an indicative sentence...

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Criminal Sentencing for Robbery in Company Contrary to S 97(1) Crimes Act 1900 / Sentence Following Guilty Pleas in the Local Court and Committal to the District Court
Outcome
Glover was convicted and sentenced to imprisonment for 5 years and 3 months with a non-parole period of 3 years. Ramos-Malo received an indicative sentence of imprisonment for 5 years for the robbery in company offence, to be included in an aggregate sentence dealt with in R v Ramos-Malo [2019] NSWDC 788.
Legal Topics
['robbery in Company' 'violent Offences' 'co Offenders' 'objective Seriousness' 'guilty Plea Discount' 'pre Sentence Custody' 'parole Period' 'victim Impact Statement' 'aboriginal Offenders' 'special Circumstances' 'self Induced Intoxication']
['criminal Law' 'sentencing'] ['robbery in Company' 'violent Offences' 'co Offenders' 'objective Seriousness' 'guilty Plea Discount' 'pre Sentence Custody' 'parole Period' 'victim Impact Statement' 'aboriginal Offenders' 'special Circumstances' 'self Induced Intoxication']

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Procedural Posture

Criminal Sentencing for Robbery in Company Contrary to S 97(1) Crimes Act 1900 / Sentence Following Guilty Pleas in the Local Court and Committal to the District Court

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' robbery in company after their guilty pleas." "Whether and how Glover's sentence should be backdated given his parole had been revoked after the offence." 'What weight should be given to the objective seriousness of the attack, including use of a knife, violence and humiliation of the victim.' "What weight should be given to the offenders' subjective circumstances, including youth, antecedents, remorse, rehabilitation prospects, disadvantaged upbringing, substance use and special circumstances." 'Whether the victim impact material established psychological harm as an aggravating factor.']

Ratio Decidendi

The robbery in company was toward the midrange of objective seriousness because the offenders, acting together, used a knife, applied force, threatened and humiliated the victim by making him strip naked, and took his property. A custodial sentence was required. Glover's more serious antecedents, offending shortly after release on parole, limited insight and weaker rehabilitation prospects justified a sentence of 5 years and 3 months with a 3-year non-parole period, commencing after expiry of his revoked parole period. Ramos-Malo's comparable conduct warranted a substantial custodial sentence, but his stronger remorse, rehabilitation progress and prospects justified an indicative sentence...

Court Disposition

Glover was convicted and sentenced to imprisonment for 5 years and 3 months with a non-parole period of 3 years. Ramos-Malo received an indicative sentence of imprisonment for 5 years for the robbery in company offence, to be included in an aggregate sentence dealt with in R v Ramos-Malo [2019] NSWDC 788.

Orders

  • ['Tyrone Glover is convicted of robbery in company.' 'For Tyrone Glover, a term of imprisonment of 3 years commences on 5 February 2019 and expires on 4 February 2022.' 'For Tyrone Glover, a further period of imprisonment of 2 years and 3 months expires on 4 May 2024.' 'For Dahcell Marco Charlton Ramos-Malo, the...