R v Hampton; R v Wright [2020] NSWDC 725

R v Hampton; R v Wright [2020] NSWDC 725

Applying Henry guidelines, with a 25% reduction for early guilty pleas, and considering Bugmy factors and subjective hardship (including brain injury and deprived backgrounds), custodial sentences were imposed as the only appropriate penalty, with particular start dates acknowledging time in custody, and special circumstances was only found in favour of Wright due to his serious brain injury.

Parties
Crown: Regina; Offender: Samuel Wallace Hampton; Offender: Daron John Wright
Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal / Sentencing
Outcome
Both offenders convicted and sentenced to imprisonment.
Legal Topics
Robbery in Company, Sentencing, Henry Guidelines, Bugmy Factors, Parity, Non Parole Period, Special Circumstances
Criminal Law Robbery in Company Sentencing Henry Guidelines Bugmy Factors Parity Non Parole Period Special Circumstances

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

Samuel Wallace Hampton

Offender

Daron John Wright

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for each offender convicted of robbery in company
  2. 2 Application of Henry guidelines and Bugmy principles
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

Applying Henry guidelines, with a 25% reduction for early guilty pleas, and considering Bugmy factors and subjective hardship (including brain injury and deprived backgrounds), custodial sentences were imposed as the only appropriate penalty, with particular start dates acknowledging time in custody, and special circumstances was only found in favour of Wright due to his serious brain injury.

Court Disposition

Both offenders convicted and sentenced to imprisonment.

Orders

  • Hampton convicted of robbery in company (s 97(1) Crimes Act 1900); sentenced to 3 years and 4 months imprisonment (non-parole period 2 years 6 months), commencing 1 August 2019, non-parole period expires 31 January 2022, balance expires 30 November 2022.
  • Wright convicted of robbery in company (s 97(1) Crimes Act 1900); sentenced to 3 years imprisonment (non-parole 2 years), commencing 27 February 2020, non-parole period expires 26 February 2022, balance expires 26 February 2023.