R v Fellowes [2024] NSWDC 311

R v Fellowes [2024] NSWDC 311

Aggregate sentence of four years’ imprisonment with a non-parole period of two years four months is appropriate, reflecting the relatively low level of objective seriousness of the offences, the late plea of guilty (with a 5% discount), Fellowes’ functional illiteracy and risk of institutionalisation, aggravation by breach of conditional liberty, the need for deterrence and protection of the community, and a finding of special circumstances enabling a reduced non-parole period, while giving full credit for pre-sentence custody and consideration to parity with the co-offender's sentence.

Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and aggregate sentence of imprisonment
Legal Topics
['assault With Intent to Rob in Company' 'intimidation' 'sentencing Principles' 'aggravating Factors' 'mitigating Factors' 'conditional Liberty' 'instantive Synthesis' 'special Circumstances' 'parity' 'deterrence' 'objective Seriousness' 'co Offenders' 'form 1 Offences']
['criminal Law'] ['assault With Intent to Rob in Company' 'intimidation' 'sentencing Principles' 'aggravating Factors' 'mitigating Factors' 'conditional Liberty' 'instantive Synthesis' 'special Circumstances' 'parity' 'deterrence' 'objective Seriousness' 'co Offenders' 'form 1 Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for two offences of assault with intent to rob in company under s 97(1) of the Crimes Act 1900 (NSW)?' 'How should the presence of aggravating and mitigating factors, including breach of conditional liberty and a late plea of guilty, affect sentencing?' 'What weight should be given to parity principles regarding sentence imposed on a co-offender?']

Ratio Decidendi

Aggregate sentence of four years’ imprisonment with a non-parole period of two years four months is appropriate, reflecting the relatively low level of objective seriousness of the offences, the late plea of guilty (with a 5% discount), Fellowes’ functional illiteracy and risk of institutionalisation, aggravation by breach of conditional liberty, the need for deterrence and protection of the community, and a finding of special circumstances enabling a reduced non-parole period, while giving full credit for pre-sentence custody and consideration to parity with the co-offender's sentence.

Court Disposition

Conviction and aggregate sentence of imprisonment

Orders

  • ['In relation to both counts, offender convicted.' 'Count 2: Sentence of 3 years and 4 months.' 'Count 3: Sentence of 3 years and 9 months, taking into account Form 1 offence (intimidation).' 'Aggregate sentence: 4 years imprisonment commencing 8 June 2023.' 'Non-parole period of 2 years and 4 months. Eligible for...