R v Craig John Drew [2006] NSWDC 190

R v Craig John Drew [2006] NSWDC 190

The offences warranted substantial full-time custodial sentences because the offender repeatedly targeted vulnerable bus drivers, used a knife, planned the robberies, caused serious permanent impairment to one victim, had relevant prior serious offending and showed no contrition. The assault with intent to rob with wounding approached but did not reach the mid range of seriousness for the standard non-parole period, so the standard non-parole period was not applied, although it remained a benchmark. Special circumstances were found for the assault with intent to rob count because of the offender's age, drug addiction, need for resettlement and employment assistance.

Jurisdiction
Australia
Judgment Date
08 December 2006
Procedural Posture
Criminal Sentencing / After Trial
Outcome
Offender convicted of three offences of robbery with an offensive weapon and one offence of assault with intent to rob while armed with an offensive weapon with wounding; sentenced to imprisonment with the earliest release date on 17 June 2010.
Legal Topics
['robbery With Offensive Weapon' 'assault With Intent to Rob While Armed With Offensive Weapon With Wounding' 'objective Criminality' 'standard Non Parole Period' 'victim Impact Statements' 'special Circumstances' 'deterrence' 'guideline Judgment']
['criminal Law' 'sentencing'] ['robbery With Offensive Weapon' 'assault With Intent to Rob While Armed With Offensive Weapon With Wounding' 'objective Criminality' 'standard Non Parole Period' 'victim Impact Statements' 'special Circumstances' 'deterrence' 'guideline Judgment']

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Procedural Posture

Criminal Sentencing / After Trial

Legal Issues

  1. 1 ['What sentences should be imposed for three offences of robbery while armed with an offensive weapon and one offence of assault with intent to rob while armed with an offensive weapon with wounding.' 'Whether the assault with intent to rob with wounding fell within the mid range of seriousness for the purpose of the standard non-parole period.' 'Whether special circumstances justified an adjustment to the non-parole period.' 'How the victim impact statements, objective seriousness, subjective circumstances, deterrence, totality and the guideline judgment in R v Henry should affect sentence.']

Ratio Decidendi

The offences warranted substantial full-time custodial sentences because the offender repeatedly targeted vulnerable bus drivers, used a knife, planned the robberies, caused serious permanent impairment to one victim, had relevant prior serious offending and showed no contrition. The assault with intent to rob with wounding approached but did not reach the mid range of seriousness for the standard non-parole period, so the standard non-parole period was not applied, although it remained a benchmark. Special circumstances were found for the assault with intent to rob count because of the offender's age, drug addiction, need for resettlement and employment assistance.

Court Disposition

Offender convicted of three offences of robbery with an offensive weapon and one offence of assault with intent to rob while armed with an offensive weapon with wounding; sentenced to imprisonment with the earliest release date on 17 June 2010.

Orders

  • ['For each of the three robbery offences, the offender was sentenced to a non-parole period of three years commencing 18 June 2005 and expiring 17 June 2008, with an additional term of one year expiring 17 June 2009.' 'For the offence at Mortlake on 13 June of assaulting Christopher Pasquale with intent to rob while...