O’Connor v R [2017] NSWCCA 311

O’Connor v R [2017] NSWCCA 311

Although the sentencing judge materially erred by treating an expired s 9 bond as an aggravating factor, the applicant's armed robbery was above the mid-range of objective seriousness, involved planning, use of a shortened shotgun, threats and Form 1 conduct of serious gravity, and the applicant's circumstances and offending were markedly different from those of AS. After exercising the independent sentencing discretion and applying parity principles, no lesser sentence than the sentence imposed was warranted.

Jurisdiction
Australia
Judgment Date
13 December 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['robbery Armed With a Dangerous Weapon' 'appeal Against Sentence' 'parity' 'form 1 Offences' 'aggravating Factors' 're Sentencing Discretion']
['criminal Law' 'sentencing'] ['robbery Armed With a Dangerous Weapon' 'appeal Against Sentence' 'parity' 'form 1 Offences' 'aggravating Factors' 're Sentencing Discretion']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding that the applicant was subject to a s 9 good behaviour bond when he committed the offence of robbery armed with a dangerous weapon.' 'Whether the sentencing judge erred in proceeding to sentence on the basis that questions of parity with the sentence imposed on a co-offender had no role to play in the sentencing exercise.' 'Whether, despite the conceded error, a lesser sentence was warranted on re-sentence.']

Ratio Decidendi

Although the sentencing judge materially erred by treating an expired s 9 bond as an aggravating factor, the applicant's armed robbery was above the mid-range of objective seriousness, involved planning, use of a shortened shotgun, threats and Form 1 conduct of serious gravity, and the applicant's circumstances and offending were markedly different from those of AS. After exercising the independent sentencing discretion and applying parity principles, no lesser sentence than the sentence imposed was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'The appeal is dismissed.']