R v Hagan [2015] NSWDC 403

R v Hagan [2015] NSWDC 403

The appropriate aggregate sentence for the offences, taking into account Mr Hagan's early guilty plea (25% discount), prior criminal history, his state of conditional liberty (on parole), disadvantaged and deprived background, young age, remorse, drug addiction, risk of institutionalisation, and the mid-range objective seriousness of the armed robbery was three years and nine months imprisonment with a non-parole period of two years. The sentence was backdated to reflect time served.

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to aggregate term of imprisonment.
Legal Topics
['armed Robbery' 'robbery' 'sentencing' 'use of Weapon' 'conditional Liberty' 'parole Breach' 'aboriginal Offender' 'application of Guideline Judgments' 'remorse' 'drug Addiction' 'institutionalisation' 'youth as Mitigating Factor']
['criminal Law'] ['armed Robbery' 'robbery' 'sentencing' 'use of Weapon' 'conditional Liberty' 'parole Breach' 'aboriginal Offender' 'application of Guideline Judgments' 'remorse' 'drug Addiction' 'institutionalisation' 'youth as Mitigating Factor']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for armed robbery and related robbery offences' 'Application of the Henry guideline to the present offending' 'Consideration of prior criminal history, parole breach, and personal circumstances in sentencing' 'Assessment of remorse and prospects for rehabilitation' 'Impact of social deprivation and drug addiction on culpability']

Ratio Decidendi

The appropriate aggregate sentence for the offences, taking into account Mr Hagan's early guilty plea (25% discount), prior criminal history, his state of conditional liberty (on parole), disadvantaged and deprived background, young age, remorse, drug addiction, risk of institutionalisation, and the mid-range objective seriousness of the armed robbery was three years and nine months imprisonment with a non-parole period of two years. The sentence was backdated to reflect time served.

Court Disposition

Offender sentenced to aggregate term of imprisonment.

Orders

  • ['Aggregate sentence of three years and nine months imprisonment commencing 7 January 2015 and expiring 5 October 2018.' 'Non-parole period of two years commencing 7 January 2015 and expiring 6 January 2017.' 'Eligible for parole from 6 January 2017.' 'Certificate signed taking into account plea to robbery charge.'...