R v Kevin Scorah; R v Carl Walton [2008] NSWDC 180

R v Kevin Scorah; R v Carl Walton [2008] NSWDC 180

Sentence must reflect seriousness of offences committed in company and aggravated by alcohol abuse, violence, and impact on victims. Parity with juvenile co-offender is not determinative; aggravating and mitigating circumstances including prospects of rehabilitation considered.

Jurisdiction
Australia
Judgment Date
13 August 2008
Procedural Posture
Criminal / Sentencing After Jury Verdict and Guilty Plea
Outcome
Convicted and sentenced to imprisonment on all counts.
Legal Topics
['sentencing' 'robbery in Company' 'steal From Person' 'affray' 'parity With Juvenile Co Offender']
['criminal Law'] ['sentencing' 'robbery in Company' 'steal From Person' 'affray' 'parity With Juvenile Co Offender']

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Procedural Posture

Criminal / Sentencing After Jury Verdict and Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for robbery in company, steal from person, and affray' 'Application of sentencing parity regarding juvenile co-offender' 'Consideration of substance abuse and prospects of rehabilitation' 'Application of aggravating and mitigating factors in sentencing']

Ratio Decidendi

Sentence must reflect seriousness of offences committed in company and aggravated by alcohol abuse, violence, and impact on victims. Parity with juvenile co-offender is not determinative; aggravating and mitigating circumstances including prospects of rehabilitation considered.

Court Disposition

Convicted and sentenced to imprisonment on all counts.

Orders

  • ['Kevin Scorah: On steal from the person sentenced to non-parole period of 18 months and total term of two and a half years (commencing 1 February 2008; non-parole expires 31 July 2009; total term expires 31 July 2010).' 'Kevin Scorah: On robbery in company sentenced to non-parole period of three years and total...