R v Mizzi [2025] NSWDC 6

R v Mizzi [2025] NSWDC 6

The offender’s role in the robbery in company was in the low range of objective seriousness. His moral culpability was significantly reduced by neurodevelopmental disorders and a deprived upbringing. The risk of reoffending, prospects of rehabilitation, and the support network in the community meant community safety would be best served by a sentence served by way of an intensive correction order rather than full-time custody. The sentence imposed was two years’ imprisonment to be served as an intensive correction order with specific conditions.

Parties
Prosecution: Crown; Offender: Kynan Mizzi
Jurisdiction
Australia
Judgment Date
30 January 2025
Procedural Posture
Crime Sentence / Sentencing Decision
Outcome
Offender convicted and sentenced to imprisonment for two years, to be served by way of an intensive correction order in the community.
Legal Topics
Robbery in Company, Sentencing, Aggravating and Mitigating Factors, Youth Offenders, Mental Health in Sentencing
Criminal Law Robbery in Company Sentencing Aggravating and Mitigating Factors Youth Offenders Mental Health in Sentencing

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Parties

Crown

Prosecution

Kynan Mizzi

Offender

Procedural Posture

Crime Sentence / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for robbery in company where offender is youthful and suffers neurodevelopmental disorders
  2. 2 Extent to which mental health conditions and upbringing mitigate sentence
  3. 3 Objective seriousness and role of offender in offence given presence of co-offender and threats of violence

Ratio Decidendi

The offender’s role in the robbery in company was in the low range of objective seriousness. His moral culpability was significantly reduced by neurodevelopmental disorders and a deprived upbringing. The risk of reoffending, prospects of rehabilitation, and the support network in the community meant community safety would be best served by a sentence served by way of an intensive correction order rather than full-time custody. The sentence imposed was two years’ imprisonment to be served as an intensive correction order with specific conditions.

Court Disposition

Offender convicted and sentenced to imprisonment for two years, to be served by way of an intensive correction order in the community.

Orders

  • Offender convicted of robbery in company.
  • Offender sentenced to two years' imprisonment commencing 30 January 2025.