R v Donny James TOMPKINS [2017] NSWDC 398

R v Donny James TOMPKINS [2017] NSWDC 398

Given the gravity and circumstances of the offences—robbery armed with offensive weapon and attempt to take motor vehicle with assault while armed, both committed whilst on parole—the court determines a total aggregate sentence of 8 years' imprisonment with a non-parole period of 5 years, finding special circumstances to reduce the non-parole period in recognition of the need for ongoing supervision and difficulty of reintegration, but with guarded prospects of rehabilitation due to the offender's history of recidivism and institutionalisation.

Parties
Prosecutor: Regina; Defendant: Donny James Tompkins
Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to 8 years' imprisonment (aggregate) with non-parole period of 5 years.
Legal Topics
Sentencing, Robbery, Assault With Weapon, Parole Breach, Aggregate Sentences
Criminal Law Sentencing Robbery Assault With Weapon Parole Breach Aggregate Sentences

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 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

Donny James Tompkins

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the defendant for offences of robbery armed with an offensive weapon and attempt to take motor vehicle with assault while armed?
  2. 2 What weight should be given to the aggravating and mitigating factors including the offender's criminal history, drug addiction, and background?
  3. 3 Should special circumstances be found to adjust the non-parole period?

Ratio Decidendi

Given the gravity and circumstances of the offences—robbery armed with offensive weapon and attempt to take motor vehicle with assault while armed, both committed whilst on parole—the court determines a total aggregate sentence of 8 years' imprisonment with a non-parole period of 5 years, finding special circumstances to reduce the non-parole period in recognition of the need for ongoing supervision and difficulty of reintegration, but with guarded prospects of rehabilitation due to the offender's history of recidivism and institutionalisation.

Court Disposition

Sentenced to 8 years' imprisonment (aggregate) with non-parole period of 5 years.

Orders

  • Convicted of armed with offensive weapon: indicative sentence 7 years imprisonment.
  • Convicted of attempt to take motor vehicle with assault while armed: indicative sentence 5 years imprisonment.