R v Page [2012] NSWDC 300

R v Page [2012] NSWDC 300

The offender's unprovoked and aggressive violence, committed while on bail and causing foreseeable harm to the victim and community, required a term of imprisonment; applying totality to the existing sentence and recognising special circumstances and conditional rehabilitation prospects, the Court imposed a partly cumulative sentence with a non-parole period of 2 years and head sentence of 4 years for the robbery offence, plus a fixed 6-month term for the summary matter.

Jurisdiction
Australia
Judgment Date
22 November 2012
Procedural Posture
Criminal Sentence / Sentence After Trial
Outcome
Sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 4 years for robbery in circumstances of aggravation, with a fixed term of 6 months for the s 166 certificate matter; back up charges on the s 166 certificate dismissed.
Legal Topics
['sentence After Trial' 'robbery in Circumstances of Aggravation' 'robbery With Corporal Violence' 'summary Offence' 'offending While on Bail' 'totality' 'alcohol Related Violence']
['criminal Law'] ['sentence After Trial' 'robbery in Circumstances of Aggravation' 'robbery With Corporal Violence' 'summary Offence' 'offending While on Bail' 'totality' 'alcohol Related Violence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentence / Sentence After Trial

Legal Issues

  1. 1 ['What sentence should be imposed for robbery with corporal violence and the offence against s 11A (1) of the Summary Offences Act committed in the same circumstances.' 'How to reflect that the offender committed the offences while on bail for robbery in company.' 'How to apply totality given the offender was already serving a sentence for robbery in company.' "Whether the offender's prospects of rehabilitation affected the appropriate sentence."]

Ratio Decidendi

The offender's unprovoked and aggressive violence, committed while on bail and causing foreseeable harm to the victim and community, required a term of imprisonment; applying totality to the existing sentence and recognising special circumstances and conditional rehabilitation prospects, the Court imposed a partly cumulative sentence with a non-parole period of 2 years and head sentence of 4 years for the robbery offence, plus a fixed 6-month term for the summary matter.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 4 years for robbery in circumstances of aggravation, with a fixed term of 6 months for the s 166 certificate matter; back up charges on the s 166 certificate dismissed.

Orders

  • ['For the matter on the s 166 certificate, a fixed term of imprisonment of 6 months to commence on 28 February 2013.' 'For the offence of robbery in circumstance of aggravation, a non-parole period of 2 years to date from 28 February 2013 and a head sentence of 4 years.' 'The non-parole period will expire on 28...