R v Radanovic; R v Howard [2021] NSWDC 743

R v Radanovic; R v Howard [2021] NSWDC 743

Both offenders participated in a serious and frightening course of conduct involving weapons and threats, with personal aggravating factors outweighed by various mitigating factors: lack of violence, pleas of guilty, prospects of rehabilitation, and background of trauma and addiction. Appropriate discounts applied, aggregate sentences imposed, and special circumstances found for both offenders due to the need for rehabilitation and COVID-related custodial hardship.

Parties
Prosecutor: Regina (Office of the Director of Public Prosecutions); Offender: Dragan Radanovic; Offender: Kyle Howard
Jurisdiction
Australia
Judgment Date
22 November 2021
Procedural Posture
Criminal / Sentence
Outcome
Offenders convicted and sentenced to terms of imprisonment, with aggregate sentences and special circumstances found.
Legal Topics
Sentencing, Kidnapping, Robbery Armed With Offensive Weapon, Aggregate Sentences, Mitigating and Aggravating Factors, Special Circumstances
Criminal Law Sentencing Kidnapping Robbery Armed With Offensive Weapon Aggregate Sentences Mitigating and Aggravating Factors Special Circumstances

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Parties

Regina (Office of the Director of Public Prosecutions)

Prosecutor

Dragan Radanovic

Offender

Kyle Howard

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentences for take and detain in company with intent to obtain advantage and robbery armed with offensive weapon
  2. 2 Consideration of aggravating and mitigating factors
  3. 3 Application of discounts for plea of guilty and assistance to authorities

Ratio Decidendi

Both offenders participated in a serious and frightening course of conduct involving weapons and threats, with personal aggravating factors outweighed by various mitigating factors: lack of violence, pleas of guilty, prospects of rehabilitation, and background of trauma and addiction. Appropriate discounts applied, aggregate sentences imposed, and special circumstances found for both offenders due to the need for rehabilitation and COVID-related custodial hardship.

Court Disposition

Offenders convicted and sentenced to terms of imprisonment, with aggregate sentences and special circumstances found.

Orders

  • Radanovic: Convicted. Aggregate term of imprisonment of three years, five months commencing 27 January 2021, non-parole period of two years expiring 26 January 2023. Special circumstances found.
  • Howard: Convicted. Aggregate term of imprisonment of three years, six months commencing 28 January 2021, non-parole period of two years expiring 27 January 2023. Special circumstances found.