R v Gordon; R v Smith [2020] NSWDC 355

R v Gordon; R v Smith [2020] NSWDC 355

Sentences for both offenders were determined by applying the guideline for armed robbery, the seriousness of the offence, aggravating factors (offence committed in company, breach of conditional liberty for Gordon), the youth and deprived backgrounds of both offenders, early guilty pleas (with corresponding 25% reduction), prospects for rehabilitation, and the need for general and specific deterrence balanced against special circumstances requiring moderation of parole ratio.

Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence imposed
Legal Topics
['armed Robbery' 'sentencing' 'co Offenders' 'aggravating Factors' 'parity' 'general and Specific Deterrence' 'conditional Liberty']
['criminal Law'] ['armed Robbery' 'sentencing' 'co Offenders' 'aggravating Factors' 'parity' 'general and Specific Deterrence' 'conditional Liberty']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for armed robbery in company with use of an offensive weapon under s 97(1) of the Crimes Act 1900' 'Consideration of aggravating and mitigating factors in sentencing co-offenders' 'Appropriate reduction for plea of guilty where Crown case is circumstantial']

Ratio Decidendi

Sentences for both offenders were determined by applying the guideline for armed robbery, the seriousness of the offence, aggravating factors (offence committed in company, breach of conditional liberty for Gordon), the youth and deprived backgrounds of both offenders, early guilty pleas (with corresponding 25% reduction), prospects for rehabilitation, and the need for general and specific deterrence balanced against special circumstances requiring moderation of parole ratio.

Court Disposition

Conviction and sentence imposed

Orders

  • ['Robert Gordon: Convicted. Sentenced to three years six months imprisonment (commencing 10 May 2019), non-parole period one year eight months.' 'Kyle Smith: Convicted. Sentenced to two years five months imprisonment (commencing 8 May 2019), non-parole period one year three months.' 'Special circumstances found in...