R v Bartley, Grant [2010] NSWDC 269

R v Bartley, Grant [2010] NSWDC 269

Bartley was convicted and sentenced on the basis that, although not the principal in the first degree, he was the brains behind the robbery, provided the firearm used, selected and reconnoitred the venue, allocated roles, and shared equally in the criminal responsibility for the armed robbery carried out with a loaded shortened firearm. The offence involved planning, three victims, danger to the public, and nearly $41,000 taken, making it objectively serious. His subjective circumstances and some rehabilitation prospects were considered, but he was not found to be truly remorseful. A 17.5 per cent discount was allowed for the guilty plea, reducing an otherwise five-year sentence to an...

Jurisdiction
Australia
Judgment Date
23 July 2010
Procedural Posture
Criminal Sentencing for Aggravated Armed Robbery / Sentence After Guilty Plea, With Disputed Facts Determined at a Contested Sentencing Hearing
Outcome
Convicted and sentenced to imprisonment with a non-parole period of 2 years and 1 month and a balance of term of 2 years.
Legal Topics
['robbery Whilst Armed With a Dangerous Weapon' 'co Offenders' 'objective Criminality' 'guilty Plea Discount' 'victim Impact Statements' 'parity' 'deterrence' 'rehabilitation Prospects']
['criminal Law' 'sentencing'] ['robbery Whilst Armed With a Dangerous Weapon' 'co Offenders' 'objective Criminality' 'guilty Plea Discount' 'victim Impact Statements' 'parity' 'deterrence' 'rehabilitation Prospects']

Case Brief

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Procedural Posture

Criminal Sentencing for Aggravated Armed Robbery / Sentence After Guilty Plea, With Disputed Facts Determined at a Contested Sentencing Hearing

Legal Issues

  1. 1 ['What role Bartley played in the planning and execution of the armed robbery of the Dubbo Railway Bowling Club.' "Whether adverse disputed facts about Bartley's role, including planning, possession of a pistol, casing venues, and urging J.P. to remain involved, were proved beyond reasonable doubt." 'How the objective seriousness of the armed robbery should be assessed, including planning, the loaded shortened firearm, the amount taken, the presence of three victims, and danger to the public.' "What weight should be given to Bartley's subjective circumstances, criminal history, rehabilitation prospects, remorse, custody, parity with co-offenders, deterrence, and guilty plea."]

Ratio Decidendi

Bartley was convicted and sentenced on the basis that, although not the principal in the first degree, he was the brains behind the robbery, provided the firearm used, selected and reconnoitred the venue, allocated roles, and shared equally in the criminal responsibility for the armed robbery carried out with a loaded shortened firearm. The offence involved planning, three victims, danger to the public, and nearly $41,000 taken, making it objectively serious. His subjective circumstances and some rehabilitation prospects were considered, but he was not found to be truly remorseful. A 17.5 per cent discount was allowed for the guilty plea, reducing an otherwise five-year sentence to an...

Court Disposition

Convicted and sentenced to imprisonment with a non-parole period of 2 years and 1 month and a balance of term of 2 years.

Orders

  • ['Grant Bartley is convicted of the offence that on 22 December 2008 at Dubbo, whilst armed with a dangerous weapon, namely a .22 calibre sawn-off unique round pump action rifle, he robbed Douglas Burke of $40,929.30 in Australian currency, the property of Dubbo Railway Bowling Club Limited.' 'Sentenced to a...