R v Vassiliou [2021] NSWDC 403

R v Vassiliou [2021] NSWDC 403

A term of full-time imprisonment is required for the robbery in company offence as the s 5 threshold was clearly met, but a non-custodial Community Corrections Order is appropriate for the firearm offence, given the lower objective seriousness and consideration of statutory factors, discounts for guilty plea and limited assistance, and the offender's personal circumstances.

Parties
Prosecution: Regina (ODPP); Offender: Jacob Vassiliou
Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed for robbery in company; Community Corrections Order for firearm offence; other orders made.
Legal Topics
Robbery in Company, Possessing Unauthorised Prohibited Firearm, Sentencing, Form 1 Offences, Discount for Guilty Plea, Discount for Assistance to Authorities
Criminal Law Robbery in Company Possessing Unauthorised Prohibited Firearm Sentencing Form 1 Offences Discount for Guilty Plea Discount for Assistance to Authorities

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Parties

Regina (ODPP)

Prosecution

Jacob Vassiliou

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery in company under s 97(1) Crimes Act 1900 (NSW)
  2. 2 Appropriate sentence for possessing unauthorised prohibited firearm under s 7(1) Firearms Act 1996 (NSW)
  3. 3 Consideration of Form 1 offences

Ratio Decidendi

A term of full-time imprisonment is required for the robbery in company offence as the s 5 threshold was clearly met, but a non-custodial Community Corrections Order is appropriate for the firearm offence, given the lower objective seriousness and consideration of statutory factors, discounts for guilty plea and limited assistance, and the offender's personal circumstances.

Court Disposition

Full-time custodial sentence imposed for robbery in company; Community Corrections Order for firearm offence; other orders made.

Orders

  • Convicted of robbery in company (s 97(1) Crimes Act); non-parole period of 20 months to expire on 2 August 2022; head sentence of 2 years, 9 months, and 17 days to expire on 19 September 2023; eligible for parole on 2 August 2022.
  • Community Corrections Order for 3 years on the firearm offence (s 7(1) Firearms Act), commencing 24 May 2021 to 23 May 2024, with standard and additional conditions.