R v ELZEYAT [2011] NSWDC 218

R v ELZEYAT [2011] NSWDC 218

Given the serious nature and multiplicity of the offences, the use of dangerous and offensive weapons, the impact on victims, and the offender's youth, guilty plea, and background, the appropriate overall sentence is a total of 7 years 6 months imprisonment, with a non-parole period of 4 years 6 months.

Jurisdiction
Australia
Judgment Date
17 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to imprisonment; total sentence of 7 years 6 months with a non-parole period of 4 years 6 months; eligible for parole on 29 November 2015.
Legal Topics
['sentencing' 'armed Robbery' 'dangerous Weapon' 'offensive Weapon' 'totality Principle']
['criminal Law'] ['sentencing' 'armed Robbery' 'dangerous Weapon' 'offensive Weapon' 'totality Principle']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for the offender's nine offences of armed robbery involving dangerous and offensive weapons?" 'How do factors such as youth, plea of guilty, drug addiction, and the totality principle affect sentencing?']

Ratio Decidendi

Given the serious nature and multiplicity of the offences, the use of dangerous and offensive weapons, the impact on victims, and the offender's youth, guilty plea, and background, the appropriate overall sentence is a total of 7 years 6 months imprisonment, with a non-parole period of 4 years 6 months.

Court Disposition

Accused sentenced to imprisonment; total sentence of 7 years 6 months with a non-parole period of 4 years 6 months; eligible for parole on 29 November 2015.

Orders

  • ['Fixed terms of imprisonment of 2 years for two offences of 19 April, to date from 30 May 2011.' 'For 22 April offences (on Shwa Zhang and Amber Don): imprisonment with non-parole period of 2 years from 30 May 2012, head sentence of 4 years.' 'For 22 April offences (on Song Huang and Defraga Wong): imprisonment...