R v Al-Turfi [2020] NSWDC 912

R v Al-Turfi [2020] NSWDC 912

The Court rejected the offender's disputed factual version that the victim was seeking drugs and found the robbery was a spontaneous and opportunistic robbery of an intoxicated and vulnerable victim at Warwick Farm Railway Station. The robbery was below the mid range and towards the low range of objective seriousness but still required imprisonment, particularly given the offender acted in company and was on a s 9 good behaviour bond. Giving significant weight to the offender's youth, traumatic childhood background, time already spent in custody, reasonable rehabilitation prospects and the purposes of sentencing, the Court imposed an aggregate three-year term of imprisonment and ordered...

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea to Count 2 and Jury Verdict of Guilty on Count 1
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years, to be served by way of Intensive Correction Order. The s 9 bond was revoked with no further action taken.
Legal Topics
['robbery in Company' 'dishonestly Obtaining Financial Advantage by Deception' 'intensive Correction Order' 'aggregate Sentence' 'good Behaviour Bond Breach' 'youth and Childhood Trauma in Sentencing']
['criminal Law' 'sentencing'] ['robbery in Company' 'dishonestly Obtaining Financial Advantage by Deception' 'intensive Correction Order' 'aggregate Sentence' 'good Behaviour Bond Breach' 'youth and Childhood Trauma in Sentencing']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea to Count 2 and Jury Verdict of Guilty on Count 1

Legal Issues

  1. 1 ['What sentence should be imposed for robbery in company and dishonestly obtaining a financial advantage by deception.' 'Whether disputed factual claims that the victim was seeking drugs should be accepted on sentence.' 'Whether no penalty other than imprisonment was appropriate and, if so, the length of the aggregate sentence.' 'Whether the aggregate sentence should be served by way of an Intensive Correction Order.' "What weight should be given to the offender's youth, childhood trauma, lack of remorse, prior conditional liberty, time in custody and prospects of rehabilitation."]

Ratio Decidendi

The Court rejected the offender's disputed factual version that the victim was seeking drugs and found the robbery was a spontaneous and opportunistic robbery of an intoxicated and vulnerable victim at Warwick Farm Railway Station. The robbery was below the mid range and towards the low range of objective seriousness but still required imprisonment, particularly given the offender acted in company and was on a s 9 good behaviour bond. Giving significant weight to the offender's youth, traumatic childhood background, time already spent in custody, reasonable rehabilitation prospects and the purposes of sentencing, the Court imposed an aggregate three-year term of imprisonment and ordered...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years, to be served by way of Intensive Correction Order. The s 9 bond was revoked with no further action taken.

Orders

  • ['Indicative sentence on count 2 for dishonestly obtaining an advantage by deception: imprisonment for 4 months.' 'Indicative sentence on count 1 for robbery: imprisonment for 2 years 11 months.' 'Aggregate sentence: imprisonment for 3 years to be served by way of Intensive Correction Order.' 'The offender must...