REGINA v. CALDERONI [2000] NSWSC 572

REGINA v. CALDERONI [2000] NSWSC 572

Although robbery in company was objectively serious and required a custodial sentence for denunciation and general and specific deterrence, the offender's minor role, early guilty plea, substantial assistance to the Crown, time in custody, long delay, demonstrated remorse and rehabilitation, low likelihood of reoffending, and the risk that actual imprisonment would fracture rehabilitation justified suspending the whole sentence and releasing him on a good behaviour bond.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Criminal Sentencing for Robbery in Company Under S.97 of the Crimes Act 1900 / Sentence After Guilty Plea Following Acquittal on a Murder Charge
Outcome
Suspended sentence imposed
Legal Topics
['robbery in Company' 'suspended Sentence' 'assistance to Prosecution' 'guilty Plea Discount' 'remorse and Rehabilitation' 'delay Between Offence and Sentence' 'custody Referrable to Charge' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['robbery in Company' 'suspended Sentence' 'assistance to Prosecution' 'guilty Plea Discount' 'remorse and Rehabilitation' 'delay Between Offence and Sentence' 'custody Referrable to Charge' 'good Behaviour Bond']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Robbery in Company Under S.97 of the Crimes Act 1900 / Sentence After Guilty Plea Following Acquittal on a Murder Charge

Legal Issues

  1. 1 ["Whether the offender's unintended and unsuspecting assistance to the prosecution through recorded conversations and sworn admissions should be treated as assistance under s.23 of the Crimes (Sentencing Procedure) Act 1999." "How to account for the offender's early guilty plea, time spent in custody, remorse, rehabilitation, and the age of the offence when fixing sentence." 'Whether full-time imprisonment should actually be served or whether the whole sentence should be suspended under s.12 of the Crimes (Sentencing Procedure) Act 1999.' 'What conditions should attach to the good behaviour bond supporting the suspended sentence.']

Ratio Decidendi

Although robbery in company was objectively serious and required a custodial sentence for denunciation and general and specific deterrence, the offender's minor role, early guilty plea, substantial assistance to the Crown, time in custody, long delay, demonstrated remorse and rehabilitation, low likelihood of reoffending, and the risk that actual imprisonment would fracture rehabilitation justified suspending the whole sentence and releasing him on a good behaviour bond.

Court Disposition

Suspended sentence imposed

Orders

  • ['The offender was sentenced to imprisonment until 26 April 2002 for robbery in company.' 'The execution of the whole sentence was suspended.' 'The offender was directed to be released from custody on entering into a good behaviour bond for the whole term of the sentence.' 'Conditions of the bond were that the...