R v Angell, Monique [2008] NSWDC 277

R v Angell, Monique [2008] NSWDC 277

Given the offender’s guilty plea, youth, pregnancy, first time in custody, steps toward rehabilitation, and the circumstances of the offending (no weapon, opportunistic, small property value, no targeting of especially vulnerable victims), the sentences must be discounted and served with partial accumulation. The interruption of rehabilitation progress due to bail being interrupted by further incarceration prevents a full assessment of rehabilitation prospects; however, special circumstances still apply.

Jurisdiction
Australia
Judgment Date
09 October 2008
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'robbery in Company' 'form 1 Charge' 'rehabilitation Prospects' 'bail Interruption']
['criminal Law'] ['sentencing' 'robbery in Company' 'form 1 Charge' 'rehabilitation Prospects' 'bail Interruption']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for robbery in company where rehabilitation prospects are unclear due to interrupted s 11 bail.' 'Appropriate recognition of guilty plea in setting sentence.' 'Impact of prior record and special circumstances (youth, pregnancy) on sentencing.']

Ratio Decidendi

Given the offender’s guilty plea, youth, pregnancy, first time in custody, steps toward rehabilitation, and the circumstances of the offending (no weapon, opportunistic, small property value, no targeting of especially vulnerable victims), the sentences must be discounted and served with partial accumulation. The interruption of rehabilitation progress due to bail being interrupted by further incarceration prevents a full assessment of rehabilitation prospects; however, special circumstances still apply.

Court Disposition

convicted and sentenced

Orders

  • ['Conviction for two counts of robbery in company and one Form 1 robbery taken into account.' 'For first robbery: sentence of two years, eleven months and twenty days (discounted from three and a half years), non-parole period of nine months (from 10 January 2008 to 9 October 2008), balance of term two years, two...