R v Irwin, Dean [No.2] [2010] NSWDC 266

R v Irwin, Dean [No.2] [2010] NSWDC 266

Given the objective seriousness of the robbery with an offensive weapon, the aggravation caused by breach of suspended sentence bonds, the offender's youth and substance abuse history, and his guilty plea, a substantial custodial sentence was imposed, with an emphasis on rehabilitation prospects through referral to the compulsory drug treatment program and recognition of special circumstances to extend the parole period.

Parties
Prosecution: Regina; Defendant: Dean Harold Irwin
Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Criminal / Sentencing
Outcome
Convicted. Sentenced to imprisonment. Referred to Compulsory Drug Court.
Legal Topics
Sentencing, Robbery Armed With Offensive Weapon, Breach of Suspended Sentence Bonds, Aggravated Break and Enter, Drug and Alcohol Abuse, Youth Sentencing, Personal and General Deterrence
Criminal Law Sentencing Robbery Armed With Offensive Weapon Breach of Suspended Sentence Bonds Aggravated Break and Enter Drug and Alcohol Abuse Youth Sentencing Personal and General Deterrence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecution

Dean Harold Irwin

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery whilst armed with offensive weapon
  2. 2 Effect of breach of suspended sentence bonds
  3. 3 Aggravating and mitigating factors in sentencing

Ratio Decidendi

Given the objective seriousness of the robbery with an offensive weapon, the aggravation caused by breach of suspended sentence bonds, the offender's youth and substance abuse history, and his guilty plea, a substantial custodial sentence was imposed, with an emphasis on rehabilitation prospects through referral to the compulsory drug treatment program and recognition of special circumstances to extend the parole period.

Court Disposition

Convicted. Sentenced to imprisonment. Referred to Compulsory Drug Court.

Orders

  • In respect of robbery armed with offensive weapon: sentenced to 18 month non-parole period, balance of term 18 months, commencing 15 October 2009.
  • In respect of aggravated break and enter with intent: s 12 bonds revoked; sentenced to 8 month non-parole period, balance of term 16 months.