R v MURRAY [2011] NSWDC 203

R v MURRAY [2011] NSWDC 203

A substantial custodial sentence was required because the offences included an attempted armed robbery with what appeared to the victim to be a firearm, possession of weapons, intimidation, and the offender had a significant criminal history; however, the objective seriousness of the weapon offences was significantly below the middle range, the firearm was an imitation incapable of causing injury, the knuckledusters were not used, the offender was intoxicated, the issues at trial were narrow, guilty pleas warranted a 25 per cent discount on the plea matters, credit was required for custody already served, and special circumstances justified a longer parole period.

Jurisdiction
Australia
Judgment Date
02 September 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Three Offences and Finding of Guilt After a Short Judge Alone Trial on One Offence
Outcome
Sentenced to imprisonment consisting of a non-parole period of 3 years and a head sentence of 6 years.
Legal Topics
['sentence' 'attempted Armed Robbery' 'possess Imitation Firearm' 'possess Weapon' 'intimidation' 'standard Non Parole Periods' 'guilty Plea Discount' 'totality' 'special Circumstances']
['criminal Law'] ['sentence' 'attempted Armed Robbery' 'possess Imitation Firearm' 'possess Weapon' 'intimidation' 'standard Non Parole Periods' 'guilty Plea Discount' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Three Offences and Finding of Guilt After a Short Judge Alone Trial on One Offence

Legal Issues

  1. 1 ['What sentences should be imposed for assault with intent to rob while armed with a dangerous weapon, possessing weapons, and intimidating Joseph Kudare.' 'How the objective seriousness of the weapon offences should be assessed where standard non-parole periods applied.' 'Whether and how to avoid double counting the imitation firearm when sentencing for both possession of it and attempted robbery while armed.' 'What credit should be given for guilty pleas and the limited issues left for trial.' 'When the sentences should commence, having regard to time already spent in custody and totality.' 'Whether special circumstances justified a longer period of supervision on parole.']

Ratio Decidendi

A substantial custodial sentence was required because the offences included an attempted armed robbery with what appeared to the victim to be a firearm, possession of weapons, intimidation, and the offender had a significant criminal history; however, the objective seriousness of the weapon offences was significantly below the middle range, the firearm was an imitation incapable of causing injury, the knuckledusters were not used, the offender was intoxicated, the issues at trial were narrow, guilty pleas warranted a 25 per cent discount on the plea matters, credit was required for custody already served, and special circumstances justified a longer parole period.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 3 years and a head sentence of 6 years.

Orders

  • ['For intimidating Joseph Kudare, the offender was sentenced to imprisonment with a fixed term of 18 months dating from 25 November 2010.' 'For the offences of possessing weapons, the offender was sentenced to imprisonment with a non-parole period of 1 year and a head sentence of 2 years dating from 25 November...