R v Weismantel (No 3) [2015] NSWDC 227

R v Weismantel (No 3) [2015] NSWDC 227

Although the offences were serious, including three armed robberies and an attempted robbery causing grievous bodily harm, the offender was not the planner of the 23 September 2013 offences, the carjacking was near the bottom of the seriousness range, the s 98 offence was below mid-range because grievous bodily harm was not intended, and the offender's mental illness and deprived background reduced moral culpability. Balancing those matters against his criminal history, risk to the community, need for specific deterrence, parity with Roach, totality and the need for supervised rehabilitation, the Court imposed an aggregate sentence of eight years and six months with a non-parole period of...

Jurisdiction
Australia
Judgment Date
01 October 2015
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Four Counts and Conviction After Judge Alone Trial on One Count
Outcome
Offender convicted; aggregate sentence of imprisonment imposed; special circumstances found.
Legal Topics
['take Vehicle Without Consent in Company' 'robbery With Offensive Weapon in Company' 'attempted Robbery With Offensive Weapon Causing Grievous Bodily Harm' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'parity' 'totality' 'mental Illness and Moral Culpability']
['criminal Law' 'sentencing'] ['take Vehicle Without Consent in Company' 'robbery With Offensive Weapon in Company' 'attempted Robbery With Offensive Weapon Causing Grievous Bodily Harm' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'parity' 'totality' 'mental Illness and Moral Culpability']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Four Counts and Conviction After Judge Alone Trial on One Count

Legal Issues

  1. 1 ['What sentences should be imposed for taking and driving a vehicle without consent in company, three robberies with an offensive weapon in company, and attempted robbery with an offensive weapon causing grievous bodily harm.' "How the objective seriousness of the carjacking and armed robberies should be assessed, including the offender's role, planning, weapons, threats, violence, victims and amounts taken." "How the offender's Aboriginal background, disturbed childhood, schizophrenia, substance use disorder, personality disorder, substance abuse and criminal history affected moral culpability, deterrence, community protection and rehabilitation." 'How parity with Daniel Roach and the totality principle affected the aggregate sentence.' 'Whether special circumstances justified a longer period on parole and a shorter non-parole period.']

Ratio Decidendi

Although the offences were serious, including three armed robberies and an attempted robbery causing grievous bodily harm, the offender was not the planner of the 23 September 2013 offences, the carjacking was near the bottom of the seriousness range, the s 98 offence was below mid-range because grievous bodily harm was not intended, and the offender's mental illness and deprived background reduced moral culpability. Balancing those matters against his criminal history, risk to the community, need for specific deterrence, parity with Roach, totality and the need for supervised rehabilitation, the Court imposed an aggregate sentence of eight years and six months with a non-parole period of...

Court Disposition

Offender convicted; aggregate sentence of imprisonment imposed; special circumstances found.

Orders

  • ['Of each of the five offences discussed in the reasons for sentence, the offender is convicted.' 'The offender is sentenced to imprisonment.' 'A non-parole period of four years and six months is set, commencing on 1 March 2014 and expiring on 31 August 2018.' 'A further period of imprisonment of four years is...