R v WAKEFIELD [2010] NSWDC 118

R v WAKEFIELD [2010] NSWDC 118

Significant custodial sentences were required because the two armed robberies were objectively serious, involved victims believing a gun was pointed at them, were committed while the offender was on parole and against a long history of armed robbery, and general deterrence was important. The offender's early pleas, remorse, less dangerous weapon, difficult background and possible rehabilitation warranted allowance, but there were no special circumstances to depart from the statutory ratio overall.

Jurisdiction
Australia
Judgment Date
18 February 2010
Procedural Posture
Criminal Sentencing for Two Offences of Armed Robbery / Sentence
Outcome
Overall sentence to be served by the offender consists of a non-parole period of five years and three months and a head sentence of seven years.
Legal Topics
['sentence' 'armed Robbery' 'general Deterrence' 'rehabilitation' 'parole']
['criminal Law'] ['sentence' 'armed Robbery' 'general Deterrence' 'rehabilitation' 'parole']

Case Brief

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Procedural Posture

Criminal Sentencing for Two Offences of Armed Robbery / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for two armed robberies committed while the offender was on parole for a similar offence.' "How the objective gravity of the offences, the offender's serious criminal history, early guilty pleas, remorse, prospects of rehabilitation, and parole status should affect sentence." 'Whether special circumstances justified altering the statutory ratio between the non-parole period and the head sentence.']

Ratio Decidendi

Significant custodial sentences were required because the two armed robberies were objectively serious, involved victims believing a gun was pointed at them, were committed while the offender was on parole and against a long history of armed robbery, and general deterrence was important. The offender's early pleas, remorse, less dangerous weapon, difficult background and possible rehabilitation warranted allowance, but there were no special circumstances to depart from the statutory ratio overall.

Court Disposition

Overall sentence to be served by the offender consists of a non-parole period of five years and three months and a head sentence of seven years.

Orders

  • ['For the offence committed on 2 July 2009, the offender is sentenced to imprisonment for five years as a fixed term, commencing on 18 February 2010.' 'For the offence committed on 25 July 2009, the offender is sentenced to imprisonment with a non-parole period of three years and three months commencing on 18...