R v Alvarez [2020] NSWDC 680

R v Alvarez [2020] NSWDC 680

Although the two robberies in company were serious offences involving a knife and ordinarily called for a term of imprisonment, the offender's absence of prior offending, guilty pleas, Aboriginal background and childhood trauma, mental illness connected with the offending, substantial rehabilitation, remorse, strict bail compliance, lack of evidence of risk to community safety and strong prospects of ongoing rehabilitation justified an aggregate imprisonment sentence of two years and six months being served by way of an intensive correction order.

Jurisdiction
Australia
Judgment Date
08 September 2020
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty to Two Counts of Robbery in Company Under S 97(1) of the Crimes Act 1900
Outcome
The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of two years and six months to be served by way of an intensive correction order.
Legal Topics
['robbery in Company' 'intensive Correction Orders' 'mitigating Factors' 'good Character' 'plea of Guilty' 'rehabilitation' 'remorse' 'aboriginal Offenders' 'mental Illness' 'drug Addiction' 'general Deterrence' 'co Offenders' 'totality']
['criminal Law' 'sentencing'] ['robbery in Company' 'intensive Correction Orders' 'mitigating Factors' 'good Character' 'plea of Guilty' 'rehabilitation' 'remorse' 'aboriginal Offenders' 'mental Illness' 'drug Addiction' 'general Deterrence' 'co Offenders' 'totality']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty to Two Counts of Robbery in Company Under S 97(1) of the Crimes Act 1900

Legal Issues

  1. 1 ['What sentence should be imposed for two counts of robbery in company under s 97(1) of the Crimes Act 1900.' "Whether the offender's guilty pleas, absence of prior criminal record, Aboriginal background, childhood trauma, mental illness, drug rehabilitation, remorse, bail compliance and prospects of rehabilitation justified serving a term of imprisonment by way of intensive correction order rather than full-time custody." "How the guideline considerations in R v Henry (1999) 46 NSWLR 346 and the need for general deterrence applied to the offender's circumstances."]

Ratio Decidendi

Although the two robberies in company were serious offences involving a knife and ordinarily called for a term of imprisonment, the offender's absence of prior offending, guilty pleas, Aboriginal background and childhood trauma, mental illness connected with the offending, substantial rehabilitation, remorse, strict bail compliance, lack of evidence of risk to community safety and strong prospects of ongoing rehabilitation justified an aggregate imprisonment sentence of two years and six months being served by way of an intensive correction order.

Court Disposition

The offender was convicted of each offence and sentenced to an aggregate term of imprisonment of two years and six months to be served by way of an intensive correction order.

Orders

  • ['The offender is convicted of each offence.' 'The indicative sentence for count 001 is 24 months.' 'The indicative sentence for count 002 is 20 months.' 'There being no other appropriate penalty, an aggregate sentence of imprisonment of 2 years, 6 months is imposed.' 'Pursuant to section 7(1) of the Crimes...