R v HICKEY [2012] NSWDC 103

R v HICKEY [2012] NSWDC 103

Given the objective seriousness of robbing a legally blind person, the offender's criminal history, and the circumstances of the offence, a lengthy custodial sentence is warranted. The sentence is mitigated by the offender's early guilty plea, background, age, substance abuse issues, and potential for rehabilitation, justifying a finding of special circumstances and a recommendation for a residential rehabilitation program post-release.

Parties
Prosecution: The Crown; Defendant: Mervin Joseph Hickey
Jurisdiction
Australia
Judgment Date
03 May 2012
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
Robbery in Company, Vulnerable Victim, Sentencing, Special Circumstances
Criminal Law Robbery in Company Vulnerable Victim Sentencing Special Circumstances

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Parties

The Crown

Prosecution

Mervin Joseph Hickey

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery in company involving a vulnerable victim
  2. 2 Consideration of offender's background and prospects for rehabilitation
  3. 3 Influence of intoxication on moral culpability

Ratio Decidendi

Given the objective seriousness of robbing a legally blind person, the offender's criminal history, and the circumstances of the offence, a lengthy custodial sentence is warranted. The sentence is mitigated by the offender's early guilty plea, background, age, substance abuse issues, and potential for rehabilitation, justifying a finding of special circumstances and a recommendation for a residential rehabilitation program post-release.

Court Disposition

Sentenced to imprisonment

Orders

  • Offender sentenced to imprisonment for six years
  • Non-parole period set at three years, commencing 11 November 2011