R v Nikolovski [2018] NSWSC 1156

R v Nikolovski [2018] NSWSC 1156

The offender was not criminally responsible for the discharge of the firearm or the wounding or death of Mr Parry because the agreed enterprise involved using an unloaded gun and an axe to frighten occupants during a robbery, and the discharge of the firearm was outside that agreement. However, the robbery was a very serious example of robbery whilst armed with a dangerous weapon because three masked intruders entered residential premises in the early morning while armed with a shortened rifle and an axe and stole property. The offender's mental condition did not reduce his moral culpability for the offence, the late guilty plea had no meaningful utilitarian value, and some accumulation...

Jurisdiction
Australia
Judgment Date
24 July 2018
Procedural Posture
Sentence for Robbery Whilst Armed With a Dangerous Weapon / Sentencing After Acquittal on Murder at the Direction of the Court and Guilty Plea to Robbery Whilst Armed With a Dangerous Weapon
Outcome
The offender was convicted and sentenced to 6 years imprisonment with a non-parole period of 3 years and 9 months; charges on the s 166 certificate were dismissed.
Legal Topics
['robbery Whilst Armed With a Dangerous Weapon' 'home Invasion' 'joint Criminal Enterprise' 'objective Seriousness' 'moral Culpability and Mental Disorder' 'guilty Plea and Utilitarian Discount' 'parity' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['robbery Whilst Armed With a Dangerous Weapon' 'home Invasion' 'joint Criminal Enterprise' 'objective Seriousness' 'moral Culpability and Mental Disorder' 'guilty Plea and Utilitarian Discount' 'parity' 'totality' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence for Robbery Whilst Armed With a Dangerous Weapon / Sentencing After Acquittal on Murder at the Direction of the Court and Guilty Plea to Robbery Whilst Armed With a Dangerous Weapon

Legal Issues

  1. 1 ['Whether the offender should be sentenced on the basis that he bore criminal responsibility for the shooting or wounding of Robert Parry, although not for his death.' 'The objective gravity of the robbery whilst armed with a dangerous weapon.' "Whether the offender's mental conditions reduced his moral culpability." 'Whether the late guilty plea or conduct of the trial warranted a discount or reduction in sentence.' "The relevance of parity with Daniel Petryk's sentence." 'The application of totality given the offender was serving sentences for other 2015 armed robberies.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offender was not criminally responsible for the discharge of the firearm or the wounding or death of Mr Parry because the agreed enterprise involved using an unloaded gun and an axe to frighten occupants during a robbery, and the discharge of the firearm was outside that agreement. However, the robbery was a very serious example of robbery whilst armed with a dangerous weapon because three masked intruders entered residential premises in the early morning while armed with a shortened rifle and an axe and stole property. The offender's mental condition did not reduce his moral culpability for the offence, the late guilty plea had no meaningful utilitarian value, and some accumulation...

Court Disposition

The offender was convicted and sentenced to 6 years imprisonment with a non-parole period of 3 years and 9 months; charges on the s 166 certificate were dismissed.

Orders

  • ['For the offence of the robbery whilst armed with a dangerous weapon committed on 7 March 2015, at Wickham in the State of New South Wales, the offender, Jesse Nikolovski is convicted.' 'I sentence him to a term of 6 years imprisonment, to date from 11 November 2017 and expiring on 10 November 2023.' 'I specify a...