R v West; R v Dimitriyevich [2013] NSWDC 112

R v West; R v Dimitriyevich [2013] NSWDC 112

The Court imposed custodial sentences because the offenders jointly committed a serious attempted robbery in company at occupied hotel premises and Mr West also used an apparent firearm to avoid lawful apprehension, but mitigated sentence by taking into account their drug addictions linked to prior violence, post traumatic stress disorder, personal circumstances, rehabilitation prospects, parity, and special circumstances requiring extended parole supervision.

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Criminal Sentence / Sentencing
Outcome
Each offender was sentenced to imprisonment, with non-parole periods and referrals to the compulsory drug treatment program at Parklea gaol.
Legal Topics
['use Offensive Weapon to Avoid Lawful Apprehension' 'attempted Robbery in Company' 'carried in a Stolen Conveyance' 'breaches of Bonds' 'drug Addiction as a Mitigating Factor' 'post Traumatic Stress Disorder' 'parity' 'special Circumstances']
['criminal Law' 'sentencing'] ['use Offensive Weapon to Avoid Lawful Apprehension' 'attempted Robbery in Company' 'carried in a Stolen Conveyance' 'breaches of Bonds' 'drug Addiction as a Mitigating Factor' 'post Traumatic Stress Disorder' 'parity' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 ["What sentences should be imposed for Mr West's offences including using an offensive weapon to avoid lawful apprehension, attempted robbery in company, breach of a s 12 bond, and drive whilst disqualified under s 166 certificate." "What sentences should be imposed for Mr Dimitriyevich's offences of being knowingly carried in a stolen conveyance and attempted robbery in company." "Whether the offenders' drug addiction, post traumatic stress disorder, personal histories, prospects of rehabilitation, remorse, parity, and special circumstances should affect sentence."]

Ratio Decidendi

The Court imposed custodial sentences because the offenders jointly committed a serious attempted robbery in company at occupied hotel premises and Mr West also used an apparent firearm to avoid lawful apprehension, but mitigated sentence by taking into account their drug addictions linked to prior violence, post traumatic stress disorder, personal circumstances, rehabilitation prospects, parity, and special circumstances requiring extended parole supervision.

Court Disposition

Each offender was sentenced to imprisonment, with non-parole periods and referrals to the compulsory drug treatment program at Parklea gaol.

Orders

  • ['For Mr West, the order for suspension of the sentence imposed in the Newtown Local Court was revoked.' 'For Mr West, a non-parole period of four months was imposed for that matter, to date from 30 December 2011.' 'For Mr West, for using an offensive weapon in order to avoid lawful apprehension, a fixed term of...