R v Luke CLOSE [2009] NSWDC 246

R v Luke CLOSE [2009] NSWDC 246

The offence was significantly above the middle of the range for offences of this type because the victim was helpless, repeatedly kicked and beaten, threatened with death, detained while ATM withdrawals were attempted, deprived of personal items including his wedding ring, and suffered substantial and ongoing physical, financial and emotional consequences. Although the offender received a discount for his guilty plea and allowance was made for his difficult Aboriginal background and need for alcohol rehabilitation, intoxication was not mitigating and the sentence required substantial general deterrence, retribution and protection of the community.

Jurisdiction
Australia
Judgment Date
27 August 2009
Procedural Posture
Criminal Sentence for Robbery With Violence in Company Causing Grievous Bodily Harm / Sentencing After Plea of Guilty in the Local Court
Outcome
The offender was sentenced to imprisonment with a non-parole period of four and a half years and a head sentence of seven years.
Legal Topics
['sentence' 'robbery With Violence' 'in Company' 'grievous Bodily Harm' 'aboriginal Offender' 'intoxication' 'standard Non Parole Period' 'special Circumstances']
['criminal Law'] ['sentence' 'robbery With Violence' 'in Company' 'grievous Bodily Harm' 'aboriginal Offender' 'intoxication' 'standard Non Parole Period' '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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Robbery With Violence in Company Causing Grievous Bodily Harm / Sentencing After Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for a robbery committed in company with violence causing grievous bodily harm.' "How the offender's guilty plea should affect the sentence." "Whether the offender's Aboriginal background and difficult upbringing should mitigate sentence under R v Fernando (1992) 76 A Crim R 58." 'Whether intoxication at the time of the offence mitigated the sentence.' 'Whether special circumstances should be found because rehabilitation was tied to overcoming alcohol abuse.']

Ratio Decidendi

The offence was significantly above the middle of the range for offences of this type because the victim was helpless, repeatedly kicked and beaten, threatened with death, detained while ATM withdrawals were attempted, deprived of personal items including his wedding ring, and suffered substantial and ongoing physical, financial and emotional consequences. Although the offender received a discount for his guilty plea and allowance was made for his difficult Aboriginal background and need for alcohol rehabilitation, intoxication was not mitigating and the sentence required substantial general deterrence, retribution and protection of the community.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of four and a half years and a head sentence of seven years.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of four and a half years is set to date from 24 November 2008.' 'A head sentence of seven years is imposed.' 'The offender is eligible to be released to parole on 23 May 2013.' 'The Court was not able to make an order for compulsory drug treatment.']