R v BARTON [2010] NSWDC 298

R v BARTON [2010] NSWDC 298

The robbery offences were objectively serious bag snatching offences, one against an elderly victim who suffered significant ongoing fear, and were aggravated by the offender's lengthy criminal history and the fact she was on a bond. However, the offender pleaded guilty at the earliest opportunity, undertook to give evidence against co-offenders, and special circumstances and totality required partial accumulation rather than wholly concurrent or wholly cumulative terms. A combined 40 per cent reduction was allowed for the pleas and assistance, producing an overall sentence of three and a half years with a two year non-parole period.

Jurisdiction
Australia
Judgment Date
13 December 2010
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was sentenced to an overall term of imprisonment of three and a half years with a non-parole period of two years.
Legal Topics
['sentence' 'form 1' 'carried in Conveyance Without Consent of Owner' 'bag Stealing' 'robbery' 'offending While on a Bond' 'principle of Totality' 'assistance to Authorities' 'guilty Plea']
['criminal Law'] ['sentence' 'form 1' 'carried in Conveyance Without Consent of Owner' 'bag Stealing' 'robbery' 'offending While on a Bond' 'principle of Totality' 'assistance to Authorities' 'guilty Plea']

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 Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for two robbery offences involving bag snatching, taking into account a Form 1 matter of being carried in a conveyance without consent of the owner.' "How the offender's guilty pleas, undertaking to give evidence against co-offenders, criminal history, offending while on a bond, prospects of rehabilitation, special circumstances and the principle of totality should affect sentence." 'Whether the sentences should be concurrent or partially accumulated.']

Ratio Decidendi

The robbery offences were objectively serious bag snatching offences, one against an elderly victim who suffered significant ongoing fear, and were aggravated by the offender's lengthy criminal history and the fact she was on a bond. However, the offender pleaded guilty at the earliest opportunity, undertook to give evidence against co-offenders, and special circumstances and totality required partial accumulation rather than wholly concurrent or wholly cumulative terms. A combined 40 per cent reduction was allowed for the pleas and assistance, producing an overall sentence of three and a half years with a two year non-parole period.

Court Disposition

The offender was sentenced to an overall term of imprisonment of three and a half years with a non-parole period of two years.

Orders

  • ['For the robbery of Jeanette Asciak, taking into account the Form 1 matter, the offender was sentenced to imprisonment with a fixed term of eighteen months commencing on 28 April 2010.' 'For the robbery involving Anne Jones, the offender was sentenced to imprisonment with a non-parole period of twelve months...