R v PITT [2016] NSWDC 425

R v PITT [2016] NSWDC 425

The appropriate sentence for Mr Pitt, having regard to his background, criminal history, circumstances of the offence, parity with the co-offender, and statutory factors, is five years imprisonment on each count of robbery in company under s 97(1) Crimes Act 1900, to be served concurrently with a non-parole period of three years. There are special circumstances justifying a longer non-parole period due to his significant disadvantage, need for rehabilitation, and high risk of re-offending.

Parties
Prosecutor: Regina; Offender: Michael Alfred John Pitt
Jurisdiction
Australia
Judgment Date
01 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Sentence, Robbery in Company, Parity of Sentence, Aboriginality and Sentencing, Aggravating and Mitigating Factors
Criminal Law Sentence Robbery in Company Parity of Sentence Aboriginality and Sentencing Aggravating and Mitigating Factors

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Parties

Regina

Prosecutor

Michael Alfred John Pitt

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for two counts of robbery in company under s 97(1) Crimes Act 1900
  2. 2 Relevance of offender’s background, especially Aboriginality, to sentence
  3. 3 Parity as between co-offenders in sentencing

Ratio Decidendi

The appropriate sentence for Mr Pitt, having regard to his background, criminal history, circumstances of the offence, parity with the co-offender, and statutory factors, is five years imprisonment on each count of robbery in company under s 97(1) Crimes Act 1900, to be served concurrently with a non-parole period of three years. There are special circumstances justifying a longer non-parole period due to his significant disadvantage, need for rehabilitation, and high risk of re-offending.

Court Disposition

Convicted and sentenced

Orders

  • In respect of each offence, convicted and sentenced to 5 years imprisonment, non-parole period of 3 years, sentences to be served concurrently, commencing from 6 July 2015 with eligibility for parole on 6 July 2018.
  • Offender to be referred to the Drug Court for assessment as to eligibility for the Compulsory Drug Treatment Correctional Centre Program.