R v Sam Everingham [2017] NSWDC 200

R v Sam Everingham [2017] NSWDC 200

Given the seriousness of the offences, specifically the use of violence and threats, the offender's lengthy and continuing criminal history, poor prospects of rehabilitation, lack of remorse, and considering principles of retribution, deterrence, and the protection of society, sentences of imprisonment with a calculated degree of concurrency and partial accumulation are warranted. Special circumstances were not found.

Parties
Crown: Director of Public Prosecutions; Offender: Sam Everingham
Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Criminal / Sentence
Outcome
Sentence of imprisonment of 3 years and 2 months with a non-parole period of 2 years and 4 months.
Legal Topics
Demand Property With Menaces, Take and Detain, Dishonestly Obtain Property by Deception, Threats of Violence, Sentencing, Prospects of Rehabilitation, Criminal History
Criminal Law Demand Property With Menaces Take and Detain Dishonestly Obtain Property by Deception Threats of Violence Sentencing Prospects of Rehabilitation Criminal History

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Director of Public Prosecutions

Crown

Sam Everingham

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for demanding property with menaces or by force with intent to steal under s 99(1) Crimes Act 1900
  2. 2 Sentencing for take and detain offence under s 86(1) Crimes Act 1900
  3. 3 Sentencing for dishonestly obtaining property by deception under s 192E Crimes Act 1900

Ratio Decidendi

Given the seriousness of the offences, specifically the use of violence and threats, the offender's lengthy and continuing criminal history, poor prospects of rehabilitation, lack of remorse, and considering principles of retribution, deterrence, and the protection of society, sentences of imprisonment with a calculated degree of concurrency and partial accumulation are warranted. Special circumstances were not found.

Court Disposition

Sentence of imprisonment of 3 years and 2 months with a non-parole period of 2 years and 4 months.

Orders

  • Offender convicted of all three offences.
  • Count 3 (dishonestly obtain property by deception): 2 years imprisonment, non-parole period of 1 year and 6 months, commencing 11 February 2016.