R v AMBLER [2022] NSWDC 627

R v AMBLER [2022] NSWDC 627

Although the offender’s mental illness significantly reduced the objective seriousness of the offence, the nature of the offending—a planned armed robbery using an object intended to be perceived as a firearm at a vulnerable time and place—rendered the conduct too serious to be dealt with by an Intensive Correction Order. A total combined discount of 55% was appropriate for the early guilty plea and voluntary disclosure. The appropriate penalty, after discounts, was a sentence of imprisonment with a non-parole period reflecting special circumstances due to mental health, rehabilitation prospects, and the effects of custody.

Parties
Prosecutor: Rex; Offender: Jordan AMBLER
Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal / Sentence
Outcome
The offender was convicted and sentenced to imprisonment: non-parole period of 9 months, parole period of 13 months.
Legal Topics
Armed Robbery, Sentencing, Mental Health Issues, Assistance to Authorities, Intensive Correction Orders, Parole, Utilitarian Discount, Objective Seriousness, Rehabilitation Prospects
Criminal Law Armed Robbery Sentencing Mental Health Issues Assistance to Authorities Intensive Correction Orders Parole Utilitarian Discount +2 more

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Parties

Rex

Prosecutor

Jordan AMBLER

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for an armed robbery committed with a fake gun by an offender with significant mental health issues?
  2. 2 Should the sentence be served by way of an Intensive Correction Order or full-time imprisonment?
  3. 3 What is the combined discount for the plea of guilty and assistance to authorities?

Ratio Decidendi

Although the offender’s mental illness significantly reduced the objective seriousness of the offence, the nature of the offending—a planned armed robbery using an object intended to be perceived as a firearm at a vulnerable time and place—rendered the conduct too serious to be dealt with by an Intensive Correction Order. A total combined discount of 55% was appropriate for the early guilty plea and voluntary disclosure. The appropriate penalty, after discounts, was a sentence of imprisonment with a non-parole period reflecting special circumstances due to mental health, rehabilitation prospects, and the effects of custody.

Court Disposition

The offender was convicted and sentenced to imprisonment: non-parole period of 9 months, parole period of 13 months.

Orders

  • The offender is convicted in respect of the charge of armed robbery, taking into account the Form 1 matter (possess knife in public place).
  • Sentenced to a non-parole period of 9 months from 24 March 2022 to 23 December 2022.