R v Green; R v Upton [2012] NSWDC 230

R v Green; R v Upton [2012] NSWDC 230

Although the offences were serious robberies in company against three separate victims, concurrent identical sentences were imposed as a measure of leniency because of special circumstances, rehabilitation needs, parity between the offenders, and the differing personal circumstances that effectively cancelled each other out. Each offender was sentenced to a non-parole period of eighteen months with a head sentence of three years.

Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Criminal Sentencing / Sentence
Outcome
Joshua Upton and Steven Green were each sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years.
Legal Topics
['robbery in Company' 'drunken Violence' 'non Parole Period' 'parity' 'special Circumstances' 'totality' 'rehabilitation' 'general Deterrence' 'personal Deterrence']
['criminal Law' 'sentencing'] ['robbery in Company' 'drunken Violence' 'non Parole Period' 'parity' 'special Circumstances' 'totality' 'rehabilitation' 'general Deterrence' 'personal Deterrence']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['The appropriate sentences for Steven Green and Joshua Upton for three robbery in company offences committed against three victims.' 'Whether sentences for the three offences should be accumulated or served concurrently.' 'Whether special circumstances justified reducing time in custody to extend parole supervision.' 'Whether parity required identical sentences for the co-offenders.' 'The relevance of hardship in custody, youth, mental state, moral culpability, rehabilitation, and offending while on a bond.']

Ratio Decidendi

Although the offences were serious robberies in company against three separate victims, concurrent identical sentences were imposed as a measure of leniency because of special circumstances, rehabilitation needs, parity between the offenders, and the differing personal circumstances that effectively cancelled each other out. Each offender was sentenced to a non-parole period of eighteen months with a head sentence of three years.

Court Disposition

Joshua Upton and Steven Green were each sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years.

Orders

  • ['Joshua Upton is sentenced to imprisonment; in each of the three cases a non-parole period of eighteen months with a head sentence of three years is imposed, commencing from 7 April 2012.' "Joshua Upton's non-parole periods expire on 6 October 2013, on which day he is to be released to parole." 'Steven Green is...