BLOOMFIELD, Gary v R [2013] NSWCCA 315

BLOOMFIELD, Gary v R [2013] NSWCCA 315

The sentencing judge did not misapply the Henry guideline or double count the element of company. The offender was an adult with significant prior criminal antecedents, the victim was particularly vulnerable, the offence involved actual violence and a threat of a knife, and the sentence of 4 years and 6 months after a 25 per cent guilty plea discount was within range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
11 December 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed by the District Court; Application and Appeal Heard Simultaneously
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['robbery in Company' 'henry Guideline Judgment' 'manifest Excess' 'guilty Plea Discount' 'victim Vulnerability']
['criminal Law' 'sentencing'] ['robbery in Company' 'henry Guideline Judgment' 'manifest Excess' 'guilty Plea Discount' 'victim Vulnerability']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed by the District Court; Application and Appeal Heard Simultaneously

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying the guideline judgment in R v Henry to an offence of robbery in company.' 'Whether the sentence imposed for robbery in company was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not misapply the Henry guideline or double count the element of company. The offender was an adult with significant prior criminal antecedents, the victim was particularly vulnerable, the offence involved actual violence and a threat of a knife, and the sentence of 4 years and 6 months after a 25 per cent guilty plea discount was within range and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']