R v Charters [2021] NSWDC 425

R v Charters [2021] NSWDC 425

Given the seriousness of the armed robbery with a dangerous weapon and impersonating a police officer, and taking into account the offender's role (less than her co-offender but still active), her prospects for rehabilitation, addiction at the time, and parity with the co-offender, the only appropriate sentence is full-time imprisonment, discounted 5% for facilitating the trial. Aggregate sentence is 5 years' imprisonment, with a non-parole period of 2 years.

Parties
Prosecution: Regina (ODPP); Offender: Kelsey Charters
Jurisdiction
Australia
Judgment Date
20 August 2021
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Full-time custodial sentence imposed.
Legal Topics
Sentencing, Robbery With a Dangerous Weapon, Impersonating Police Officer, Addiction, Parity, Rehabilitation
Criminal Law Sentencing Robbery With a Dangerous Weapon Impersonating Police Officer Addiction Parity Rehabilitation

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Parties

Regina (ODPP)

Prosecution

Kelsey Charters

Offender

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 Appropriate sentence for armed robbery with a dangerous weapon and impersonating a police officer
  2. 2 Consideration of addiction and rehabilitation prospects in sentencing
  3. 3 Parity with co-offender in sentencing

Ratio Decidendi

Given the seriousness of the armed robbery with a dangerous weapon and impersonating a police officer, and taking into account the offender's role (less than her co-offender but still active), her prospects for rehabilitation, addiction at the time, and parity with the co-offender, the only appropriate sentence is full-time imprisonment, discounted 5% for facilitating the trial. Aggregate sentence is 5 years' imprisonment, with a non-parole period of 2 years.

Court Disposition

Full-time custodial sentence imposed.

Orders

  • Conviction on two counts: (1) impersonating police officer and purporting to exercise powers of a police officer with intent to deceive (s 546D(2) of Crimes Act 1900 (NSW)); (2) robbery armed with dangerous weapon (s 97(2) of Crimes Act 1900 (NSW))
  • Aggregate head sentence of 5 years' imprisonment, commencing 14 April 2021 and expiring 13 April 2026