R v McGuiness; R v Trevascus [2020] NSWDC 90

R v McGuiness; R v Trevascus [2020] NSWDC 90

The sentences imposed on both offenders are justified by the objective seriousness of the offences, the aggravating factor that both were on parole, their personal circumstances (including backgrounds of disadvantage as per Bugmy), and, in the case of McGuiness, a reduced term via a 5% discount for a late plea. Aggregate sentencing was appropriate for Trevascus due to his conviction for two principal offences.

Jurisdiction
Australia
Judgment Date
04 March 2020
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea (mc Guiness) and Trial (trevascus)
Outcome
For McGuiness: imprisonment for 7 years 7 months (non-parole 5 years 8 months from 11 July 2019). For Trevascus: aggregate imprisonment for 7 years (non-parole 5 years 3 months from 6 July 2019).
Legal Topics
['robbery in Company' 'attempted Aggravated Take and Drive Motor Vehicle' 'sentencing' 'parole']
['criminal Law'] ['robbery in Company' 'attempted Aggravated Take and Drive Motor Vehicle' 'sentencing' 'parole']

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Procedural Posture

Sentence / Sentencing Decision After Guilty Plea (mc Guiness) and Trial (trevascus)

Legal Issues

  1. 1 ["What is the appropriate sentence for offences of robbery in company and attempted aggravated take and drive motor vehicle given the facts and the offenders' circumstances?" "How do the offenders' backgrounds and plea/trial affect sentencing?"]

Ratio Decidendi

The sentences imposed on both offenders are justified by the objective seriousness of the offences, the aggravating factor that both were on parole, their personal circumstances (including backgrounds of disadvantage as per Bugmy), and, in the case of McGuiness, a reduced term via a 5% discount for a late plea. Aggregate sentencing was appropriate for Trevascus due to his conviction for two principal offences.

Court Disposition

For McGuiness: imprisonment for 7 years 7 months (non-parole 5 years 8 months from 11 July 2019). For Trevascus: aggregate imprisonment for 7 years (non-parole 5 years 3 months from 6 July 2019).

Orders

  • ["Frank McGuiness to serve 7 years 7 months' imprisonment, with a non-parole period of 5 years 8 months commencing 11 July 2019 and expiring 10 March 2025." "Balance of McGuiness' sentence: 1 year 11 months from 11 March 2025, expiring 10 February 2027." "Ryan Trevascus to serve an aggregate sentence of 7 years'...