R v Matthew MOORE [2012] NSWDC 295

R v Matthew MOORE [2012] NSWDC 295

The robbery in company warranted full time custody because it was a serious offence against vulnerable 15 year old victims at a railway station, involved the presence of a baseball bat, caused fear, required one victim to go onto the train tracks, and was committed by an offender with prior violent robbery offences. However, the offender's earliest guilty plea, frank admissions, some remorse, youth, first time in adult custody, psychotic illness, the heavier impact of custody, and need for rehabilitation justified reducing the otherwise appropriate sentence and finding special circumstances. A sentence of 2 years and 8 months imprisonment with a 16 month non-parole period was imposed for...

Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty
Outcome
Offender convicted and sentenced for robbery in company to imprisonment for 2 years and 8 months with a non-parole period of 16 months; offender also convicted of common assault under s 166(1)(b) of the Criminal Procedure Act 1986 and ordered to enter into a 3 month good behaviour bond.
Legal Topics
['robbery in Company' 'common Assault' 'vulnerable Victims' 'mental Illness and Sentencing' 'drug and Alcohol Addiction' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'good Behaviour Bond' 'parole Conditions']
['criminal Law' 'sentencing'] ['robbery in Company' 'common Assault' 'vulnerable Victims' 'mental Illness and Sentencing' 'drug and Alcohol Addiction' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'good Behaviour Bond' 'parole Conditions']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company committed against two 15 year old boys at a railway station where the offender was carrying a baseball bat and one victim was directed onto the train tracks to retrieve property.' "What weight should be given to the offender's early guilty plea, admissions, evidence of remorse, prior criminal history, youth, mental illness, drug and alcohol addiction, and prospects of rehabilitation." 'Whether special circumstances justified reducing the statutory ratio between the non-parole period and the full term of imprisonment.' 'What order should be made for the related common assault offence under s 166(1)(b) of the Criminal Procedure Act 1986.']

Ratio Decidendi

The robbery in company warranted full time custody because it was a serious offence against vulnerable 15 year old victims at a railway station, involved the presence of a baseball bat, caused fear, required one victim to go onto the train tracks, and was committed by an offender with prior violent robbery offences. However, the offender's earliest guilty plea, frank admissions, some remorse, youth, first time in adult custody, psychotic illness, the heavier impact of custody, and need for rehabilitation justified reducing the otherwise appropriate sentence and finding special circumstances. A sentence of 2 years and 8 months imprisonment with a 16 month non-parole period was imposed for...

Court Disposition

Offender convicted and sentenced for robbery in company to imprisonment for 2 years and 8 months with a non-parole period of 16 months; offender also convicted of common assault under s 166(1)(b) of the Criminal Procedure Act 1986 and ordered to enter into a 3 month good behaviour bond.

Orders

  • ['For robbery in company, Matthew Martin Moore was convicted.' 'A non-parole period of 16 months was fixed to date from 16 May 2012 and expire on 15 September 2013.' 'The balance of the term was 16 months to commence on 16 September 2013 and expire on 15 January 2015.' 'Under s 50 of the Crimes (Sentencing...