R v Shaun Robert TUIRA [2010] NSWDC 182

R v Shaun Robert TUIRA [2010] NSWDC 182

Taking into account that the offender pleaded guilty at the earliest opportunity, his age, prior criminal record, remorse, the offence being committed on bond, and his prospects for rehabilitation, a sentence of three years' imprisonment with a non-parole period of two years (discounted from four years for the plea and special circumstances) is appropriate.

Jurisdiction
Australia
Judgment Date
30 March 2010
Procedural Posture
Criminal / Sentencing
Outcome
Accused sentenced to three years' imprisonment with a non-parole period of two years; orders for parole and referral to Drug Court for assessment; compensation application withdrawn.
Legal Topics
['sentencing' 'robbery' 'plea of Guilty' 'conditional Liberty' 'drug, Alcohol and Gambling Addictions']
['criminal Law'] ['sentencing' 'robbery' 'plea of Guilty' 'conditional Liberty' 'drug, Alcohol and Gambling Addictions']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for robbery under s 94 of the Crimes Act 1900 committed while on conditional liberty?' "Should special circumstances affect the non-parole period due to the offender's age and rehabilitation prospects?"]

Ratio Decidendi

Taking into account that the offender pleaded guilty at the earliest opportunity, his age, prior criminal record, remorse, the offence being committed on bond, and his prospects for rehabilitation, a sentence of three years' imprisonment with a non-parole period of two years (discounted from four years for the plea and special circumstances) is appropriate.

Court Disposition

Accused sentenced to three years' imprisonment with a non-parole period of two years; orders for parole and referral to Drug Court for assessment; compensation application withdrawn.

Orders

  • ["Sentenced to three years' imprisonment, commencing 21 September 2009." 'Non-parole period of two years, expiring 20 September 2011.' 'Release on parole ordered on 20 September 2011, subject to conditions: good behaviour, notify Probation and Parole Service of change of address, attend court if called upon, accept...