R v Andy William SOARS [2012] NSWDC 51

R v Andy William SOARS [2012] NSWDC 51

The appropriate sentence for robbery in company with wounding, factoring in Soars' prior criminality, objective seriousness below the mid-range, guilty plea (with 15% discount), young age, special circumstances justifying a shorter non-parole period, and partial credit for a secondary offence, is 6 years imprisonment with a non-parole period of 3½ years.

Jurisdiction
Australia
Judgment Date
02 February 2012
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['sentence' 'purpose of Sentence' 'robbery in Company With Wounding' 'protection of Community' 'prior Criminality' 'aggravating Factors' 'prospects of Rehabilitation' 'parity' 'co Offender Juvenile' 'non Parole Period' 'special Circumstances']
['criminal Law'] ['sentence' 'purpose of Sentence' 'robbery in Company With Wounding' 'protection of Community' 'prior Criminality' 'aggravating Factors' 'prospects of Rehabilitation' 'parity' 'co Offender Juvenile' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for robbery in company with wounding under s 98 Crimes Act 1900' 'Consideration of non-parole period and special circumstances' 'Impact of prior criminality and prospects of rehabilitation' 'Discount for plea of guilty' "Parity considering co-offender's juvenile sentencing"]

Ratio Decidendi

The appropriate sentence for robbery in company with wounding, factoring in Soars' prior criminality, objective seriousness below the mid-range, guilty plea (with 15% discount), young age, special circumstances justifying a shorter non-parole period, and partial credit for a secondary offence, is 6 years imprisonment with a non-parole period of 3½ years.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Andy Soars is formally convicted of robbery in company with wounding.' 'A non-parole period of 3½ years is set, commencing on 3 December 2010 and expiring on 2 June 2014.' 'The balance of the term is 2½ years, commencing on 3 June 2014 and expiring on 2 December 2016.' 'The overall sentence is 6 years...