R v Payne [2019] NSWDC 916

R v Payne [2019] NSWDC 916

The aggravated robbery with grievous bodily harm was a serious example falling towards the midrange of objective seriousness, involving a child victim being punched and pushed into the path of a car, causing significant injuries. The Form 1 demand with menaces against a 13 year old was also serious. Although the offender had difficult subjective circumstances, remorse, a 25% plea discount, some prospects of rehabilitation and less serious criminal history than the co-offenders, parity did not reduce the sentence because the co-offenders were sentenced for significantly lesser offending. Special circumstances warranted a non-parole period shorter than the statutory ratio.

Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Criminal Sentence / Sentence
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['aggravated Robbery With Grievous Bodily Harm' 'demand With Menaces in Company' 'form 1 Matters' 'parity' 'objective Seriousness' 'subjective Matters' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Robbery With Grievous Bodily Harm' 'demand With Menaces in Company' 'form 1 Matters' 'parity' 'objective Seriousness' 'subjective Matters' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated robbery with grievous bodily harm contrary to s 96 of the Crimes Act 1900, taking into account a Form 1 offence of demand with menaces in company contrary to s 99(2).' 'Whether the sentences imposed on co-offenders created a parity issue.' "How the objective seriousness of the offending and the offender's subjective circumstances affected sentence." 'Whether special circumstances justified a longer period on parole.']

Ratio Decidendi

The aggravated robbery with grievous bodily harm was a serious example falling towards the midrange of objective seriousness, involving a child victim being punched and pushed into the path of a car, causing significant injuries. The Form 1 demand with menaces against a 13 year old was also serious. Although the offender had difficult subjective circumstances, remorse, a 25% plea discount, some prospects of rehabilitation and less serious criminal history than the co-offenders, parity did not reduce the sentence because the co-offenders were sentenced for significantly lesser offending. Special circumstances warranted a non-parole period shorter than the statutory ratio.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['Form 1 matter taken into account on sentence.' 'Special circumstances found.' 'Sentenced to a term of imprisonment for 4 years and 6 months with a non-parole period of 2 years and 6 months commencing on 4 August 2018 and expiring on 3 February 2021, with a balance of term of 2 years commencing on 4 February 2021...