R v Forsythe [2020] NSWDC 99

R v Forsythe [2020] NSWDC 99

Given there were two victims and two separate incidents, some accumulation between sentences is necessary. Having regard to mitigating factors including lack of significant previous convictions, demonstrated remorse, and the offender's prospects of rehabilitation, an aggregate sentence of 3 years imprisonment with a 2-year non-parole period is appropriate. The offending was serious but at the lower to lower-mid range of seriousness for aggravated robbery under s 95(1), and the offences on the Form 1 warrant a material increase but not a crushing sentence.

Parties
Crown: Director of Public Prosecutions; Offender: Possi Forsythe
Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Criminal / Sentencing
Outcome
Full-time imprisonment imposed; aggregate sentence with non-parole period set.
Legal Topics
Sentencing, Aggravated Robbery, Aggregate Sentencing, Objective Seriousness, Mitigating Factors, Aggravating Factors
Criminal Law Sentencing Aggravated Robbery Aggregate Sentencing Objective Seriousness Mitigating Factors Aggravating Factors

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Parties

Director of Public Prosecutions

Crown

Possi Forsythe

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple offences of aggravated robbery under s 95(1) of the Crimes Act 1900?
  2. 2 How should the sentencing court assess objective seriousness and apply mitigating/aggravating factors?
  3. 3 What accumulation should there be between sentences for distinct offences arising from a single episode of criminality?

Ratio Decidendi

Given there were two victims and two separate incidents, some accumulation between sentences is necessary. Having regard to mitigating factors including lack of significant previous convictions, demonstrated remorse, and the offender's prospects of rehabilitation, an aggregate sentence of 3 years imprisonment with a 2-year non-parole period is appropriate. The offending was serious but at the lower to lower-mid range of seriousness for aggravated robbery under s 95(1), and the offences on the Form 1 warrant a material increase but not a crushing sentence.

Court Disposition

Full-time imprisonment imposed; aggregate sentence with non-parole period set.

Orders

  • Conviction on Sequence 5: aggravated robbery of Umair Talat (s 95(1) Crimes Act 1900).
  • Conviction on Sequence 6: aggravated robbery of Mian Naeem (s 95(1) Crimes Act 1900).