R v Daniel Gersbach [2018] NSWDC 341

R v Daniel Gersbach [2018] NSWDC 341

Given the objective seriousness, the need for both general and specific deterrence, and the offender's young age, significant rehabilitation, remorse, and compliance with strict quasi-custodial bail conditions, the appropriate sentence is 20 months imprisonment to be served by way of an Intensive Correction Order with community supervision, rehabilitation, and service requirements.

Parties
Prosecution: Director of Public Prosecutions (Crown); Offender: Daniel Gersbach
Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to 20 months imprisonment by way of Intensive Correction Order.
Legal Topics
Robbery in Company, Sentencing, Intensive Correction Order, Parity Principle
Criminal Law Robbery in Company Sentencing Intensive Correction Order Parity Principle

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Daniel Gersbach

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for robbery in company under s 97(1) Crimes Act 1900 given the offender's circumstances?
  2. 2 Does the parity principle require sentence adjustment in this case, given the co-offender's sentence in the Children's Court?
  3. 3 Do the circumstances justify a custodial sentence, and if so, can it be served by way of an Intensive Correction Order?

Ratio Decidendi

Given the objective seriousness, the need for both general and specific deterrence, and the offender's young age, significant rehabilitation, remorse, and compliance with strict quasi-custodial bail conditions, the appropriate sentence is 20 months imprisonment to be served by way of an Intensive Correction Order with community supervision, rehabilitation, and service requirements.

Court Disposition

Offender convicted and sentenced to 20 months imprisonment by way of Intensive Correction Order.

Orders

  • Convicted of robbery in company under s 97(1) Crimes Act 1900.
  • Sentenced to 20 months imprisonment.