Regina v A [2006] NSWSC 1035

Regina v A [2006] NSWSC 1035

The sentence imposed reflects the objective gravity of the offence, aggravating and mitigating circumstances, and an aggregate discount for the plea of guilty, cooperation, assistance to authorities, and youth. A non-parole period substantially less than the standard is warranted but must still demonstrate the objective seriousness of the murder committed during armed robbery.

Jurisdiction
Australia
Judgment Date
03 October 2006
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced
Legal Topics
['sentencing' 'felony Murder' 'youth Offenders' 'assistance to Authorities' 'standard Non Parole Period' 'plea of Guilty']
['criminal Law'] ['sentencing' 'felony Murder' 'youth Offenders' 'assistance to Authorities' 'standard Non Parole Period' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for murder conviction based on felony-murder liability for a young offender' 'Application of standard non-parole period and justification for departure' "Relevance of offender's assistance to authorities, plea of guilty, and youth in sentencing"]

Ratio Decidendi

The sentence imposed reflects the objective gravity of the offence, aggravating and mitigating circumstances, and an aggregate discount for the plea of guilty, cooperation, assistance to authorities, and youth. A non-parole period substantially less than the standard is warranted but must still demonstrate the objective seriousness of the murder committed during armed robbery.

Court Disposition

Convicted and sentenced

Orders

  • ['Sentenced to a non-parole period of 9 years and 6 months with a total sentence of 12 years and 8 months to commence on 23 September 2004.' 'Non-parole period expires on 22 March 2014, eligible for parole on that date.' 'Total term expires on 22 May 2017.']