R v Bolder, Dean and Zaphir, Alexander Aristotle [2008] NSWDC 121

R v Bolder, Dean and Zaphir, Alexander Aristotle [2008] NSWDC 121

Because both offenders participated actively in a violent assault with intent to rob in company, with aggravating features including persistence, planned ambush, and physical injury to the victim, and despite their otherwise good character and lack of prior serious convictions, the seriousness of the offence required a substantial term of imprisonment, mitigated by special circumstances and suitability for periodic detention rather than full-time incarceration.

Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Criminal / Sentencing After Jury Trial and Conviction
Outcome
Convicted and sentenced to imprisonment (partly by way of periodic detention).
Legal Topics
['sentencing' 'assault With Intent to Rob' 'sentencing Guidelines' 'victim Impact Statement' 'imprisonment' 'periodic Detention']
['criminal Law'] ['sentencing' 'assault With Intent to Rob' 'sentencing Guidelines' 'victim Impact Statement' 'imprisonment' 'periodic Detention']

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Procedural Posture

Criminal / Sentencing After Jury Trial and Conviction

Legal Issues

  1. 1 ['Appropriate sentence for assault with intent to rob in company' 'Application of guideline judgment to non-armed, but violent assaults with intent to rob' 'Relevance of personal and subjective circumstances of the offenders' 'Appropriate use of imprisonment and periodic detention' 'Finding of special circumstances for sentencing purposes']

Ratio Decidendi

Because both offenders participated actively in a violent assault with intent to rob in company, with aggravating features including persistence, planned ambush, and physical injury to the victim, and despite their otherwise good character and lack of prior serious convictions, the seriousness of the offence required a substantial term of imprisonment, mitigated by special circumstances and suitability for periodic detention rather than full-time incarceration.

Court Disposition

Convicted and sentenced to imprisonment (partly by way of periodic detention).

Orders

  • ['Each offender convicted of assault with intent to rob in company.' 'Non-parole period of 15 months beginning 18 April 2008, expiring 17 July 2009.' 'Balance of sentence (9 months) to expire 17 April 2010, to be served by way of periodic detention.' 'Each offender to enter into custody to commence sentence and...