R V Allan Martin SIMPSON [2007] NSWDC 106

R V Allan Martin SIMPSON [2007] NSWDC 106

A sentence of imprisonment was required because the offender participated in an agreed robbery in company by initially casing the premises, had a lengthy criminal history and had only recently been released from custody. However, the sentence was to be less than that imposed on Mr Palmer because the offender was sentenced on the basis that he did not know a knife would be used and withdrew from the enterprise as soon as the robbery commenced; special circumstances justified a longer balance of term to assist with drug-related rehabilitation on release.

Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Criminal Sentence / Sentence After Jury Found the Offender Guilty of One Count of Robbery in Company
Outcome
The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years.
Legal Topics
['sentence' 'robbery in Company' 'joint Criminal Enterprise' 'parity' 'special Circumstances']
['criminal Law'] ['sentence' 'robbery in Company' 'joint Criminal Enterprise' 'parity' '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

Criminal Sentence / Sentence After Jury Found the Offender Guilty of One Count of Robbery in Company

Legal Issues

  1. 1 ['The factual basis on which to sentence the offender after the jury verdict, including why he left the store when the robbery commenced.' 'Whether the offender should be sentenced on the basis that he knew a knife would be used.' "The appropriate sentence having regard to the co-offender's sentence, the offender's withdrawal, criminal history, personal circumstances and special circumstances."]

Ratio Decidendi

A sentence of imprisonment was required because the offender participated in an agreed robbery in company by initially casing the premises, had a lengthy criminal history and had only recently been released from custody. However, the sentence was to be less than that imposed on Mr Palmer because the offender was sentenced on the basis that he did not know a knife would be used and withdrew from the enterprise as soon as the robbery commenced; special circumstances justified a longer balance of term to assist with drug-related rehabilitation on release.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of three years.

Orders

  • ['The sentence is to commence on 12 April 2006.' 'A non-parole period of eighteen months is set, expiring on 11 October 2007.' 'A head sentence of three years is set.' 'The offender is to be released from custody on 11 October 2007.' 'It is a condition of release to parole that the offender accept the supervision of...