Couloumbis v R [2012] NSWCCA 264

Couloumbis v R [2012] NSWCCA 264

The sentencing judge did not err in describing the conspiracy to commit aggravated armed robbery as objectively very serious, and did not double count by treating financial gain as an aggravating factor because financial gain was neither an element nor an inherent characteristic of the offence. However, the seven-year sentence with a five-year non-parole period was manifestly excessive because the conspiracy, though serious, was unsophisticated, haphazard and ill-directed, and the objectively detectable criminality did not warrant the non-parole period imposed.

Jurisdiction
Australia
Judgment Date
11 December 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court at Sydney; Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
['conspiracy to Commit Aggravated Armed Robbery' 'appeal Against Sentence' 'objective Seriousness' 'aggravating Factors' 'financial Gain' 'manifest Excess' 'form 1 Offences' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['conspiracy to Commit Aggravated Armed Robbery' 'appeal Against Sentence' 'objective Seriousness' 'aggravating Factors' 'financial Gain' 'manifest Excess' 'form 1 Offences' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed in the District Court at Sydney; Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in holding that the offence was a mid range offence or objectively very serious.' 'Whether the sentencing judge erred by treating financial gain as an aggravating factor under s 21A of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentence of 7 years with a non-parole period of 5 years was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in describing the conspiracy to commit aggravated armed robbery as objectively very serious, and did not double count by treating financial gain as an aggravating factor because financial gain was neither an element nor an inherent characteristic of the offence. However, the seven-year sentence with a five-year non-parole period was manifestly excessive because the conspiracy, though serious, was unsophisticated, haphazard and ill-directed, and the objectively detectable criminality did not warrant the non-parole period imposed.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed by Sorby DCJ on 11 November 2011.' 'In lieu of the sentence imposed by Sorby DCJ sentence the applicant to a term of imprisonment of 3 years and 9 months commencing on 4 May 2011 and expiring on 3 February 2015 with a balance of term of 1 year...