The Queen v Green [2020] NSWDC 666

The Queen v Green [2020] NSWDC 666

The sentence imposed reflects the objective seriousness of the offending, which is assessed as midrange for all main counts, aggravated by offending while on parole, and the offender's criminal record. Substantial subjective factors including childhood trauma, drug addiction (commenced at a young age), psychiatric history, and genuine prospects of rehabilitation reduce the offender's moral culpability and reduce weight to general deterrence. Aggregate full time custodial sentence is the only appropriate sanction, although reduced on account of the guilty plea and the offender's strong subjective circumstances, with special circumstances found for rehabilitation and risk of...

Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed with aggregate sentence for main offences, disqualification periods on licence, and reduced moral culpability acknowledged.
Legal Topics
['sentencing' 'aggravation and Mitigation' 'parole' 'driving Offences' 'use of Offensive Weapon' 'police Pursuit' 'remorse' 'rehabilitation']
['criminal Law'] ['sentencing' 'aggravation and Mitigation' 'parole' 'driving Offences' 'use of Offensive Weapon' 'police Pursuit' 'remorse' 'rehabilitation']

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

Legal Issues

  1. 1 ["What is the appropriate sentence for multiple serious offences, including taking and driving a conveyance, use of an offensive weapon to prevent lawful apprehension, police pursuit, and driving whilst disqualified, taking into account the offender's subjective circumstances?"]

Ratio Decidendi

The sentence imposed reflects the objective seriousness of the offending, which is assessed as midrange for all main counts, aggravated by offending while on parole, and the offender's criminal record. Substantial subjective factors including childhood trauma, drug addiction (commenced at a young age), psychiatric history, and genuine prospects of rehabilitation reduce the offender's moral culpability and reduce weight to general deterrence. Aggregate full time custodial sentence is the only appropriate sanction, although reduced on account of the guilty plea and the offender's strong subjective circumstances, with special circumstances found for rehabilitation and risk of...

Court Disposition

Full time custodial sentence imposed with aggregate sentence for main offences, disqualification periods on licence, and reduced moral culpability acknowledged.

Orders

  • ['Aggregate head sentence of 4 years imprisonment for sequences 4 (taking and driving conveyance), 6 (use offensive weapon to prevent lawful apprehension), and 7 (police pursuit), commencing 30 September 2020 and expiring 29 September 2024.' 'Aggregate non-parole period of 2 years commencing 30 September 2020...