R v Sam Michael Booth [2018] NSWDC 250

R v Sam Michael Booth [2018] NSWDC 250

The court held that the offending was objectively serious, within the mid-range for aggravated robbery and intimidation, with multiple aggravating factors including use and injury with a weapon, occurrence in the victim’s home, victim vulnerability, and relevant criminal history. Mitigating factors included the early guilty plea, but subjective circumstances were of limited weight. Sentences must reflect both specific and general deterrence, especially regarding domestic violence. Partial accumulation was warranted due to distinct acts on different dates and the seriousness of each offence.

Parties
Prosecutor: Director of Public Prosecutions (Crown Solicitor); Offender: Sam Michael Booth
Jurisdiction
Australia
Judgment Date
12 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to full-time custodial sentence for aggravated robbery and intimidation.
Legal Topics
Sentencing, Aggravated Robbery, Intimidation, Domestic Violence, Application of Guideline Judgments, Aggravating and Mitigating Factors
Criminal Law Sentencing Aggravated Robbery Intimidation Domestic Violence Application of Guideline Judgments Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Director of Public Prosecutions (Crown Solicitor)

Prosecutor

Sam Michael Booth

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated robbery and intimidation involving domestic violence
  2. 2 Application of sentencing guideline judgments to the facts
  3. 3 Identification and weighing of aggravating and mitigating factors in the determination of sentence

Ratio Decidendi

The court held that the offending was objectively serious, within the mid-range for aggravated robbery and intimidation, with multiple aggravating factors including use and injury with a weapon, occurrence in the victim’s home, victim vulnerability, and relevant criminal history. Mitigating factors included the early guilty plea, but subjective circumstances were of limited weight. Sentences must reflect both specific and general deterrence, especially regarding domestic violence. Partial accumulation was warranted due to distinct acts on different dates and the seriousness of each offence.

Court Disposition

Convicted and sentenced to full-time custodial sentence for aggravated robbery and intimidation.

Orders

  • Convicted of intimidation under s 13(1) of the Crimes (Personal and Domestic Violence) Act 2007; sentenced to a fixed term of 12 months imprisonment commencing 17 October 2017, partly concurrent.
  • Convicted of aggravated robbery under s 95(1) of the Crimes Act 1900; sentenced to 6 years imprisonment commencing 17 June 2018, partly concurrent.