R v Magoin [2019] NSWDC 268

R v Magoin [2019] NSWDC 268

The offender is to be sentenced for robbery in company, taking into account his guilty plea, intellectual limitations, background, previous record, objective seriousness of the offending including violence and victim vulnerability, and associated offences. For these reasons, a sentence of imprisonment for 5 years with a non-parole period of 3 years commencing 12 April 2018 is appropriate, providing for extended parole for rehabilitation consistent with special circumstances found in this matter.

Parties
Crown: Regina; Offender: Magwan Magoin
Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Criminal / Sentence
Outcome
Sentence of imprisonment of 5 years with a non-parole period of 3 years.
Legal Topics
Sentencing, Robbery in Company, Violent Offences
Criminal Law Sentencing Robbery in Company Violent Offences

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Parties

Regina

Crown

Magwan Magoin

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offence of robbery in company contrary to s 97(1) Crimes Act 1900, taking into account the offender's plea of guilty, background, and associated offences?

Ratio Decidendi

The offender is to be sentenced for robbery in company, taking into account his guilty plea, intellectual limitations, background, previous record, objective seriousness of the offending including violence and victim vulnerability, and associated offences. For these reasons, a sentence of imprisonment for 5 years with a non-parole period of 3 years commencing 12 April 2018 is appropriate, providing for extended parole for rehabilitation consistent with special circumstances found in this matter.

Court Disposition

Sentence of imprisonment of 5 years with a non-parole period of 3 years.

Orders

  • The offender is convicted of the offence of robbery in company.
  • Non-parole period of 3 years' imprisonment commencing 12 April 2018 and expiring 11 April 2021.