R v Weymark-Voilet [2014] NSWDC 364

R v Weymark-Voilet [2014] NSWDC 364

Although the offender's role and criminal history made his culpability marginally greater than Mr Morgan's, Mr Morgan's Form 1 matter significantly balanced the comparison. Taking into account the 10% guilty plea discount, parity, the objective seriousness of the robbery in company, the offender's criminal history, rehabilitation efforts, drug and alcohol issues, remorse, and special circumstances requiring extended supervision, the appropriate sentence was four years imprisonment with a two year non-parole period, backdated for prior custody, with referral for Drug Court assessment for compulsory drug treatment.

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 4 years with a non-parole period of 2 years, and referred for Drug Court assessment for the compulsory drug treatment program.
Legal Topics
['robbery in Company' 'plea of Guilty' 'parity' 'form 1' 'drug Dependency' 'rehabilitation' 'special Circumstances' 'compulsory Drug Treatment Program']
['criminal Law' 'sentencing'] ['robbery in Company' 'plea of Guilty' 'parity' 'form 1' 'drug Dependency' 'rehabilitation' 'special Circumstances' 'compulsory Drug Treatment Program']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company contrary to s 97(1) Crimes Act (1900).' "How the sentence should reflect parity with co-offender Matthew James Morgan while accounting for differences including the offender's more extensive criminal history, greater role in the offending, rehabilitation, and the Form 1 matter taken into account for Mr Morgan." "Whether the offender's guilty plea warranted a utilitarian discount." 'Whether drug dependency and rehabilitation efforts affected objective seriousness, subjective circumstances, prospects of rehabilitation, and the need for special circumstances.' 'Whether the offender should be referred to the Drug Court for assessment for the compulsory drug treatment program as an eligible convicted offender.']

Ratio Decidendi

Although the offender's role and criminal history made his culpability marginally greater than Mr Morgan's, Mr Morgan's Form 1 matter significantly balanced the comparison. Taking into account the 10% guilty plea discount, parity, the objective seriousness of the robbery in company, the offender's criminal history, rehabilitation efforts, drug and alcohol issues, remorse, and special circumstances requiring extended supervision, the appropriate sentence was four years imprisonment with a two year non-parole period, backdated for prior custody, with referral for Drug Court assessment for compulsory drug treatment.

Court Disposition

Offender convicted and sentenced to imprisonment for 4 years with a non-parole period of 2 years, and referred for Drug Court assessment for the compulsory drug treatment program.

Orders

  • ['The offender is convicted of the offence to which he pleaded guilty.' 'The offender is sentenced to a non-parole period of 2 years commencing on 1 January 2014 and expiring on 31 December 2015.' 'The balance of the sentence is 2 years and will expire on 31 December 2017.' 'No parole conditions were fixed by the...