R v Mitchell; R v Zeiser [2019] NSWDC 369

R v Mitchell; R v Zeiser [2019] NSWDC 369

Taking into account the objective gravity of the robberies, the offenders' criminal histories, the need for community protection, the offenders' limited rehabilitation prospects, Mitchell's guilty plea discounts and subjective circumstances, and the concurrency or slight accumulation appropriate to the offences, the court imposed custodial sentences with specified non-parole periods and dismissed the charges on the s 166 certificate.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal Sentencing for Robbery in Company / Sentence
Outcome
Both offenders were sentenced to terms of imprisonment for four counts of robbery in company; charges on the s 166 certificate were dismissed.
Legal Topics
['robbery in Company' 'violent Offences' 'guilty Pleas' 'non Parole Periods' 'concurrent and Accumulated Sentences' 'community Protection' 'rehabilitation' 's 166 Certificate']
['criminal Law' 'sentencing'] ['robbery in Company' 'violent Offences' 'guilty Pleas' 'non Parole Periods' 'concurrent and Accumulated Sentences' 'community Protection' 'rehabilitation' 's 166 Certificate']

Case Brief

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Procedural Posture

Criminal Sentencing for Robbery in Company / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed on Richard Mitchell and Michael Zeiser for four jointly committed counts of robbery in company.' 'Whether the offences of 1 August 2017 should be served concurrently as part of one course of conduct.' 'Whether there should be some accumulation for the offence of 31 July 2017.' 'What discounts, if any, should apply for guilty pleas.' 'Whether special circumstances should be found.' 'Whether charges on the s 166 certificate should be dismissed.']

Ratio Decidendi

Taking into account the objective gravity of the robberies, the offenders' criminal histories, the need for community protection, the offenders' limited rehabilitation prospects, Mitchell's guilty plea discounts and subjective circumstances, and the concurrency or slight accumulation appropriate to the offences, the court imposed custodial sentences with specified non-parole periods and dismissed the charges on the s 166 certificate.

Court Disposition

Both offenders were sentenced to terms of imprisonment for four counts of robbery in company; charges on the s 166 certificate were dismissed.

Orders

  • ['For Richard Mitchell, on each of the offences of 1 August 2017, a sentence of 3 years and 9 months imprisonment dating from 2 August 2017 and expiring 1 May 2021, with a non-parole period of 2 years expiring 1 August 2019.' 'For Richard Mitchell, for the offence of 31 July 2017, a term of 30 months imprisonment...