R v Karl HERDEN and Iga SOSINSKA [2013] NSWDC 219

R v Karl HERDEN and Iga SOSINSKA [2013] NSWDC 219

The offence was serious because the offenders tackled, punched and robbed a man withdrawing money from an ATM, but it was spontaneous, unplanned and in the lower third of objective seriousness for this kind of offence. Both offenders had significant childhood trauma, drug addiction and some rehabilitation prospects, supporting special circumstances and reduced non-parole periods. Ms Sosinska received a slightly higher sentence because she initiated the offence and committed it while on parole, while Mr Herden's sentence was lower because that aggravating feature was absent.

Jurisdiction
Australia
Judgment Date
29 August 2013
Procedural Posture
Criminal Sentencing for Robbery in Company Under S 97(1) of the Crimes Act 1900 / Remarks on Sentence After Jury Verdicts of Guilty on 13 June 2013
Outcome
Both offenders were convicted by jury and sentenced to imprisonment for robbery in company.
Legal Topics
['robbery in Company' 'objective Seriousness' 'non Parole Period' 'special Circumstances' 'drug Addiction and Rehabilitation' 'conditional Liberty']
['criminal Law' 'sentencing'] ['robbery in Company' 'objective Seriousness' 'non Parole Period' 'special Circumstances' 'drug Addiction and Rehabilitation' 'conditional Liberty']

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Procedural Posture

Criminal Sentencing for Robbery in Company Under S 97(1) of the Crimes Act 1900 / Remarks on Sentence After Jury Verdicts of Guilty on 13 June 2013

Legal Issues

  1. 1 ["What sentences should be imposed for the offenders' robbery in company of a man withdrawing money from an ATM." "Whether the spontaneous and unplanned nature of the offence, the offenders' personal histories, drug addiction and rehabilitation efforts, and Ms Sosinska's parole status affected sentence." 'Whether special circumstances justified reducing the usual ratio between the non-parole period and head sentence.']

Ratio Decidendi

The offence was serious because the offenders tackled, punched and robbed a man withdrawing money from an ATM, but it was spontaneous, unplanned and in the lower third of objective seriousness for this kind of offence. Both offenders had significant childhood trauma, drug addiction and some rehabilitation prospects, supporting special circumstances and reduced non-parole periods. Ms Sosinska received a slightly higher sentence because she initiated the offence and committed it while on parole, while Mr Herden's sentence was lower because that aggravating feature was absent.

Court Disposition

Both offenders were convicted by jury and sentenced to imprisonment for robbery in company.

Orders

  • ['Karl Anthony Herden is sentenced to imprisonment for 3 years and 9 months, commencing on 15 June 2012 and expiring on 14 March 2016, with a non-parole period of 1 year and 10 months expiring on 14 April 2014.' 'Iga Agata Sosinska is sentenced to imprisonment for 4 years, commencing on 6 March 2013 and expiring on...