R v Apisai BAVADRA [2007] NSWDC 390

R v Apisai BAVADRA [2007] NSWDC 390

The offence was more serious than the typical armed robbery contemplated in Henry because it was committed in company, with a knife capable of killing or inflicting serious injury, in the victim's home, involved more than limited planning and gratuitous actual violence, and Mr Bavadra had a significant criminal record including a prior armed robbery. Those factors were balanced against his youth, remorse, early guilty plea, drug addiction, the circumstances following his brother's death, and rehabilitation prospects. Special circumstances justified adjusting the non-parole period and parole period, and the sentence was fully backdated because the syringe offence was closely related to the...

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Criminal Sentence for Armed Robbery / Sentencing After Plea of Guilty
Outcome
Mr Bavadra was sentenced for armed robbery to an overall sentence of 5 years and 6 months, with a non-parole period of 2 years and 6 months and a balance of term of 3 years, backdated to commence on 11 March 2007.
Legal Topics
['armed Robbery' 'offence Committed in Company' 'actual Violence' 'planning' 'form 1 Offence' 'henry Guideline' 'prior Criminal Record' 'early Guilty Plea' 'drug Addiction' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['armed Robbery' 'offence Committed in Company' 'actual Violence' 'planning' 'form 1 Offence' 'henry Guideline' 'prior Criminal Record' 'early Guilty Plea' 'drug Addiction' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Armed Robbery / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the armed robbery committed by Mr Bavadra.' "How the seriousness of the armed robbery, weighed against Mr Bavadra's personal circumstances, coincided with the guideline judgment for armed robberies in R v Henry." 'Whether the offence listed on the list of additional charges should be taken into account under s 32 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether special circumstances warranted adjustment of the non-parole period and parole period.' 'Whether the sentence should be backdated to 11 March 2007.']

Ratio Decidendi

The offence was more serious than the typical armed robbery contemplated in Henry because it was committed in company, with a knife capable of killing or inflicting serious injury, in the victim's home, involved more than limited planning and gratuitous actual violence, and Mr Bavadra had a significant criminal record including a prior armed robbery. Those factors were balanced against his youth, remorse, early guilty plea, drug addiction, the circumstances following his brother's death, and rehabilitation prospects. Special circumstances justified adjusting the non-parole period and parole period, and the sentence was fully backdated because the syringe offence was closely related to the...

Court Disposition

Mr Bavadra was sentenced for armed robbery to an overall sentence of 5 years and 6 months, with a non-parole period of 2 years and 6 months and a balance of term of 3 years, backdated to commence on 11 March 2007.

Orders

  • ['For the offence of armed robbery, Mr Bavadra was sentenced to an overall sentence of five years and six months commencing on 11 March 2007 and expiring on 10 September 2012.' 'A non-parole period of two years and six months was fixed commencing on 11 March 2007 and expiring on 10 September 2009.' 'The balance of...