R v Towney; R v Simon [2015] NSWDC 218

R v Towney; R v Simon [2015] NSWDC 218

Given the seriousness of the armed robbery committed in company, use of weapons, actual violence (including with a knife) and significant impact on the victims, sentences of five years' imprisonment are appropriate for both offenders. Special circumstances—namely youth, some insight and remorse, first time in adult custody, indigenous background, and need for rehabilitation—justify fixing the non-parole period at half the sentence (2.5 years) instead of the usual three-quarters ratio.

Jurisdiction
Australia
Judgment Date
11 June 2015
Procedural Posture
Sentence / Sentencing Decision
Outcome
Both offenders convicted and sentenced to five years' imprisonment for armed robbery, with non-parole periods of two and a half years; recommendation for Yetta Dhinnakkal program made for both.
Legal Topics
['armed Robbery' 'sentencing Guidelines' 'youth Sentencing' 'indigenous Offenders' 'conditional Liberty' 'remorse and Rehabilitation' 'victim Impact']
['criminal Law'] ['armed Robbery' 'sentencing Guidelines' 'youth Sentencing' 'indigenous Offenders' 'conditional Liberty' 'remorse and Rehabilitation' 'victim Impact']

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Procedural Posture

Sentence / Sentencing Decision

Legal Issues

  1. 1 ['Appropriate sentence for young offenders convicted of armed robbery in company' 'Whether special circumstances warrant adjusting the non-parole period ratio' 'Consideration of youth, background, remorse and prospects of rehabilitation']

Ratio Decidendi

Given the seriousness of the armed robbery committed in company, use of weapons, actual violence (including with a knife) and significant impact on the victims, sentences of five years' imprisonment are appropriate for both offenders. Special circumstances—namely youth, some insight and remorse, first time in adult custody, indigenous background, and need for rehabilitation—justify fixing the non-parole period at half the sentence (2.5 years) instead of the usual three-quarters ratio.

Court Disposition

Both offenders convicted and sentenced to five years' imprisonment for armed robbery, with non-parole periods of two and a half years; recommendation for Yetta Dhinnakkal program made for both.

Orders

  • ["Pierce Towney: Five years' imprisonment commencing 22 December 2014 and expiring 21 December 2019; non-parole period of two and a half years commencing 22 December 2014 and expiring 21 June 2017; recommendation for participation in Yetta Dhinnakkal program at Brewarrina." "Tyler Simon: Five years' imprisonment...