R v Armitage [2019] NSWDC 383

R v Armitage [2019] NSWDC 383

Given the seriousness of the offending, the presence of multiple aggravating factors (including prior convictions, offences committed in company, offences against police, use of vehicle as weapon, presence of children during police pursuit, and breach of conditional liberty), a lengthy aggregate sentence was necessary to achieve the purposes of sentencing. A 25% discount was applied for early guilty pleas. Special circumstances were found, warranting a longer parole period.

Parties
Crown: Regina; Offender: Billy Armitage
Jurisdiction
Australia
Judgment Date
13 June 2019
Procedural Posture
Sentencing / Sentence Imposed After Plea of Guilty
Outcome
Aggregate sentence of imprisonment of 7 years, 6 months with a non-parole period of 4 years, 8 months. Conviction and sentence for Commonwealth offence of using carriage service to threaten to kill: 13 months' imprisonment, fixed term.
Legal Topics
Sentencing, Aggravating Factors, Mitigating Factors, Police Pursuit, Use of Offensive Weapon, Assault Police, Break and Enter
Criminal Law Sentencing Aggravating Factors Mitigating Factors Police Pursuit Use of Offensive Weapon Assault Police Break and Enter

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Parties

Regina

Crown

Billy Armitage

Offender

Procedural Posture

Sentencing / Sentence Imposed After Plea of Guilty

Legal Issues

  1. 1 Appropriate sentence for multiple serious offences including aggravated break and enter, use of offensive weapon to prevent lawful apprehension, police pursuit, using a carriage service to threaten to kill, and assault police.
  2. 2 Assessment of aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999.

Ratio Decidendi

Given the seriousness of the offending, the presence of multiple aggravating factors (including prior convictions, offences committed in company, offences against police, use of vehicle as weapon, presence of children during police pursuit, and breach of conditional liberty), a lengthy aggregate sentence was necessary to achieve the purposes of sentencing. A 25% discount was applied for early guilty pleas. Special circumstances were found, warranting a longer parole period.

Court Disposition

Aggregate sentence of imprisonment of 7 years, 6 months with a non-parole period of 4 years, 8 months. Conviction and sentence for Commonwealth offence of using carriage service to threaten to kill: 13 months' imprisonment, fixed term.

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 7 years, 6 months to commence on 12 October 2018 and expiring on 11 April 2026.