R v Hurkett [2024] NSWDC 543

R v Hurkett [2024] NSWDC 543

The offender is sentenced to an aggregate term of imprisonment of four years two months with a non-parole period of two years ten months, reflecting the seriousness of two robbery offences, the presence of aggravating factors, reduced moral culpability due to background, appropriate application of utilitarian discount, and finding of special circumstances.

Parties
Crown: NSW DPP; Offender: Jamie Hurkett
Jurisdiction
Australia
Judgment Date
22 July 2024
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Robbery With an Offensive Weapon
Criminal Law Sentencing Robbery With an Offensive Weapon

Case Brief

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Parties

NSW DPP

Crown

Jamie Hurkett

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentence for robbery with an offensive weapon under s 97(1) Crimes Act 1900
  2. 2 Assessment of objective and subjective seriousness
  3. 3 Significance of utilitarian plea discount

Ratio Decidendi

The offender is sentenced to an aggregate term of imprisonment of four years two months with a non-parole period of two years ten months, reflecting the seriousness of two robbery offences, the presence of aggravating factors, reduced moral culpability due to background, appropriate application of utilitarian discount, and finding of special circumstances.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Aggregate sentence of four years two months imprisonment with a non-parole period of two years ten months (17/12/2023-16/10/2026)
  • Indicative sentences: Count 1 – three years six months (Form 1 offence taken into account), Count 2 – three years six months