R v Graham [2017] NSWDC 478

R v Graham [2017] NSWDC 478

Given the objective seriousness of the armed robbery, use of a knife, Graham's criminal record and recidivism, and aggravating circumstance of being on parole, a sentence of 4 years 1 month imprisonment is appropriate. The non-parole period is reduced to reflect special circumstances, including Graham's institutionalisation, cooperation, early plea of guilty, and need for rehabilitation and social support on release.

Parties
Offender: Todd James Graham; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Sentence / Sentencing
Outcome
Sentence of imprisonment of 4 years 1 month with non-parole period of 2 years 8 months; parole eligibility after non-parole period; finding of special circumstances for extended parole period.
Legal Topics
Violent Offences, Armed Robbery, Sentencing Principles, Aggravating Factors, Mitigating Factors, Recidivism, Parole, Community Protection
Criminal Law Violent Offences Armed Robbery Sentencing Principles Aggravating Factors Mitigating Factors Recidivism Parole +1 more

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Parties

Todd James Graham

Offender

Public Prosecutions (NSW)

Crown

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for assault with intent to rob while armed with an offensive weapon
  2. 2 Assessment of objective seriousness of the offence
  3. 3 Application of aggravating and mitigating factors in sentencing

Ratio Decidendi

Given the objective seriousness of the armed robbery, use of a knife, Graham's criminal record and recidivism, and aggravating circumstance of being on parole, a sentence of 4 years 1 month imprisonment is appropriate. The non-parole period is reduced to reflect special circumstances, including Graham's institutionalisation, cooperation, early plea of guilty, and need for rehabilitation and social support on release.

Court Disposition

Sentence of imprisonment of 4 years 1 month with non-parole period of 2 years 8 months; parole eligibility after non-parole period; finding of special circumstances for extended parole period.

Orders

  • Sentence of imprisonment of 4 years and 1 month dated from 9 March 2017.
  • Non-parole period of 2 years and 8 months from 9 March 2017 to 9 November 2019.