R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383

R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383

The Court adjourned the sentence proceedings because the offender had a significant long-standing drug addiction, had made positive progress at Odyssey House, and further rehabilitation was likely to assist the Court in properly exercising the sentencing discretion, including whether to impose full-time custody and, if so, the length of sentence or non-parole period. The offence was serious but, considering the limited planning, impulsivity, lack of actual violence, character of the scissors, relatively small amount taken, and drug-affected circumstances, it was characterised as below the middle range and at the low end of objective seriousness for the offence type.

Jurisdiction
Australia
Judgment Date
27 July 2017
Procedural Posture
Criminal Sentence / Sentence Proceedings Adjourned Under S 11 of the Crimes (sentencing Procedure) Act 1999
Outcome
Sentence proceedings adjourned to allow assessment and demonstration of rehabilitation; offender granted bail on conditions.
Legal Topics
['robbery Whilst Armed With an Offensive Weapon' 'form 1 Offence' 'guilty Plea Discount' 'drug Addiction and Rehabilitation' 'section 11 Sentencing Deferral' 'parity' 'objective Seriousness']
['criminal Law' 'sentencing'] ['robbery Whilst Armed With an Offensive Weapon' 'form 1 Offence' 'guilty Plea Discount' 'drug Addiction and Rehabilitation' 'section 11 Sentencing Deferral' 'parity' 'objective Seriousness']

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Procedural Posture

Criminal Sentence / Sentence Proceedings Adjourned Under S 11 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ['Whether sentence proceedings should be adjourned under s 11 of the Crimes (Sentencing Procedure) Act 1999 to assess and allow rehabilitation at Odyssey House.' 'Assessment of the objective seriousness of the offence of robbery whilst armed with an offensive weapon.' "How the offender's drug dependency, intoxication, youth, prior record, remorse, rehabilitation prospects and guilty plea should be considered for sentencing." 'Whether parity arose in light of the alleged co-offender having been dealt with in the Local Court for lesser offences.']

Ratio Decidendi

The Court adjourned the sentence proceedings because the offender had a significant long-standing drug addiction, had made positive progress at Odyssey House, and further rehabilitation was likely to assist the Court in properly exercising the sentencing discretion, including whether to impose full-time custody and, if so, the length of sentence or non-parole period. The offence was serious but, considering the limited planning, impulsivity, lack of actual violence, character of the scissors, relatively small amount taken, and drug-affected circumstances, it was characterised as below the middle range and at the low end of objective seriousness for the offence type.

Court Disposition

Sentence proceedings adjourned to allow assessment and demonstration of rehabilitation; offender granted bail on conditions.

Orders

  • ["Sentence proceedings adjourned until Friday 9 February 2018 at 9.30am for the purposes of assessing the offender's capacity and prospects for rehabilitation and assessing that rehabilitation has taken place." 'Offender to be of good behaviour.' 'Offender to attend the District Court for sentence on Friday 9...