R v Havet [2021] NSWDC 320

R v Havet [2021] NSWDC 320

Taking into account the seriousness of the armed robbery with a knife, the offender's youth, lack of relevant criminal history, remorse and prospects of rehabilitation, and the principle of totality, an aggregate custodial sentence is imposed with a non-parole period reflecting special circumstances. Community correction order imposed for the drug offence given its low objective seriousness.

Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Sentence / Sentencing Hearing
Outcome
Offender convicted. Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years. Community correction order for drug offence.
Legal Topics
['sentencing' 'mitigating Factors' 'aggregate Sentencing' 'form 1 Offences' 'totality' 'parole' 'special Circumstances']
['criminal Law'] ['sentencing' 'mitigating Factors' 'aggregate Sentencing' 'form 1 Offences' 'totality' 'parole' 'special Circumstances']

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Procedural Posture

Sentence / Sentencing Hearing

Legal Issues

  1. 1 ['What is the appropriate sentence for armed robbery with an offensive weapon given mitigating and aggravating factors?' 'How should associated offences and subjective considerations affect sentencing?' 'Should special circumstances alter the ratio of non-parole to parole period?']

Ratio Decidendi

Taking into account the seriousness of the armed robbery with a knife, the offender's youth, lack of relevant criminal history, remorse and prospects of rehabilitation, and the principle of totality, an aggregate custodial sentence is imposed with a non-parole period reflecting special circumstances. Community correction order imposed for the drug offence given its low objective seriousness.

Court Disposition

Offender convicted. Aggregate sentence of 4 years imprisonment with a non-parole period of 2 years. Community correction order for drug offence.

Orders

  • ['Aggregate sentence of 4 years imprisonment from 23 May 2020 to 22 May 2024 with non-parole period of 2 years from 23 May 2020 to 22 May 2022.' 'Release to parole on 22 May 2022.' 'Community correction order for possess prohibited drug for 12 months from 28 May 2021 to 28 May 2022 with conditions of good behaviour...