R v Robertson [2023] NSWDC 426

R v Robertson [2023] NSWDC 426

The offender's role fell within the low range of objective seriousness for an offence under s 112(2) Crimes Act 1900; his involvement was less than his co-offenders. Aggravating factors were established. His history of childhood deprivation and substance abuse diminished moral culpability, therefore also diminishing the emphasis on general and specific deterrence. A custodial sentence was required, but a finding of special circumstances justified a departure from standard non-parole period, leading to a head sentence of 2 years and 4 months with a non-parole period of 1 year and 2 months.

Parties
The Crown: Director of Public Prosecutions; Offender: Chad Junior Robertson
Jurisdiction
Australia
Judgment Date
13 October 2023
Procedural Posture
Criminal Sentence / Sentencing
Outcome
offender sentenced to fulltime imprisonment with a head sentence of 2 years and 4 months, non-parole period of 1 year and 2 months; conviction recorded
Legal Topics
Aggravated Break and Enter, Sentencing, Objective Seriousness, Parity, Special Circumstances
Criminal Law Aggravated Break and Enter Sentencing Objective Seriousness Parity Special Circumstances

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Parties

Director of Public Prosecutions

The Crown

Chad Junior Robertson

Offender

Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for aggravated break and enter under s 112(2) of the Crimes Act 1900 given the offender's degree of involvement, subjective circumstances, and parity with co-offenders?
  2. 2 Whether special circumstances apply to sentencing the offender.

Ratio Decidendi

The offender's role fell within the low range of objective seriousness for an offence under s 112(2) Crimes Act 1900; his involvement was less than his co-offenders. Aggravating factors were established. His history of childhood deprivation and substance abuse diminished moral culpability, therefore also diminishing the emphasis on general and specific deterrence. A custodial sentence was required, but a finding of special circumstances justified a departure from standard non-parole period, leading to a head sentence of 2 years and 4 months with a non-parole period of 1 year and 2 months.

Court Disposition

offender sentenced to fulltime imprisonment with a head sentence of 2 years and 4 months, non-parole period of 1 year and 2 months; conviction recorded

Orders

  • Convicted of offence pursuant to s 112(2) Crimes Act 1900 of aggravated break enter and commit serious indictable offence.
  • Non-parole period of 1 year and 2 months commencing 5 October 2022 and terminating 4 December 2023.