Regina v Garry Anthony Smale (2) [2005] NSWSC 923

Regina v Garry Anthony Smale (2) [2005] NSWSC 923

After allowing a 15% discount for the utilitarian value of the guilty plea, the appropriate head sentence for robbery whilst armed with a dangerous weapon is 13 years imprisonment, with a non parole period of nine years and nine months.

Parties
Prosecution: Regina; Defendant: Garry Anthony Smale
Jurisdiction
Australia
Judgment Date
01 September 2005
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Robbery Whilst Armed, Sentencing, Felony Murder, Plea of Guilty
Criminal Law Robbery Whilst Armed Sentencing Felony Murder Plea of Guilty

Case Brief

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Parties

Regina

Prosecution

Garry Anthony Smale

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for robbery whilst armed with a dangerous weapon
  2. 2 Consideration of plea of guilty for sentencing discount
  3. 3 Assessment of criminal antecedents for sentencing

Ratio Decidendi

After allowing a 15% discount for the utilitarian value of the guilty plea, the appropriate head sentence for robbery whilst armed with a dangerous weapon is 13 years imprisonment, with a non parole period of nine years and nine months.

Court Disposition

convicted and sentenced

Orders

  • The prisoner is convicted of the charge of robbery whilst armed with a dangerous weapon.
  • The prisoner is sentenced to imprisonment for a term of 13 years to date from 18 March 2002 and expire on 17 March 2015.