R v Dowd [2018] NSWDC 459

R v Dowd [2018] NSWDC 459

Given the objective seriousness of the robbery in company and aggravated break and enter offences, together with the defendant's criminal history and moderate prospects for rehabilitation, an aggregate sentence of five years' imprisonment with a three-year non-parole period was imposed, incorporating special circumstances to allow for extended supervised parole for reintegration and rehabilitation.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
['robbery in Company' 'aggravated Break and Enter' 'intimidation' 'armed Offending' 'resist Arrest' 'sentencing' 'drug Rehabilitation' 'parole']
['criminal Law'] ['robbery in Company' 'aggravated Break and Enter' 'intimidation' 'armed Offending' 'resist Arrest' 'sentencing' 'drug Rehabilitation' 'parole']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for robbery in company and aggravated break and enter while armed; consideration of special circumstances for parole; relevance of drug use and subjective factors in sentencing; effect of late guilty plea discount; assessment of objective seriousness']

Ratio Decidendi

Given the objective seriousness of the robbery in company and aggravated break and enter offences, together with the defendant's criminal history and moderate prospects for rehabilitation, an aggregate sentence of five years' imprisonment with a three-year non-parole period was imposed, incorporating special circumstances to allow for extended supervised parole for reintegration and rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • ['Convicted on two counts: robbery in company and aggravated break and enter and commit serious indictable offence whilst armed.' 'Aggregate sentence: total term of imprisonment for 5 years, non-parole period of 3 years (commencing 14/1/17, expiring 13/1/20), balance of term 2 years (expiring 13/1/22).' 'Eligible...