R v Cooper [2022] NSWDC 682

R v Cooper [2022] NSWDC 682

Having assessed the offence as at the low to middle range of objective seriousness with significant subjective factors, including deprivation, mental health issues, institutionalisation risk, and expressions of remorse, and applying a 25% discount for the plea of guilty, the offender was sentenced to 4 years and 6 months imprisonment with a non-parole period of 2 years and 4 months, commencing 27 January 2022.

Parties
Crown: Regina; Offender: Clayton Cooper
Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Violent Offences, Robbery, Sentencing, Imprisonment
Criminal Law Violent Offences Robbery Sentencing Imprisonment

Case Brief

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Parties

Regina

Crown

Clayton Cooper

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Assessment of objective seriousness of the offence
  2. 2 Determination of appropriate sentence for aggravated robbery
  3. 3 Consideration of subjective factors affecting moral culpability and sentencing

Ratio Decidendi

Having assessed the offence as at the low to middle range of objective seriousness with significant subjective factors, including deprivation, mental health issues, institutionalisation risk, and expressions of remorse, and applying a 25% discount for the plea of guilty, the offender was sentenced to 4 years and 6 months imprisonment with a non-parole period of 2 years and 4 months, commencing 27 January 2022.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Conviction entered for aggravated robbery in breach of s 95(1) Crimes Act 1900
  • Sentence of 4 years and 6 months imprisonment