R v Russell [2020] NSWDC 869

R v Russell [2020] NSWDC 869

Given the objective seriousness of the offences, the offender’s extensive criminal history, the commission of offences while on parole, and the guidelines in sentencing for robbery, but also considering the offender’s traumatic background, drug dependency, and special circumstances relating to rehabilitation and institutionalisation, it is appropriate to impose an aggregate sentence of imprisonment of 5 years with a non-parole period of 3 years 6 months, with further referral to the Drug Court for eligibility for a Compulsory Drug Treatment Order.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years 6 months. Findings of special circumstances. Referral to Drug Court for consideration for Compulsory Drug Treatment Order.
Legal Topics
['robbery' 'taking Motor Vehicle With Occupant Onboard' 'sentencing' 'special Circumstances' 'drug Dependency']
['criminal Law'] ['robbery' 'taking Motor Vehicle With Occupant Onboard' 'sentencing' 'special Circumstances' 'drug Dependency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple offences including robbery and taking a motor vehicle with occupant onboard?' "Does the offender's background and drug dependency constitute special circumstances for sentencing purposes?" 'Is the offender eligible and suitable for referral to the Drug Court for a Compulsory Drug Treatment Order?']

Ratio Decidendi

Given the objective seriousness of the offences, the offender’s extensive criminal history, the commission of offences while on parole, and the guidelines in sentencing for robbery, but also considering the offender’s traumatic background, drug dependency, and special circumstances relating to rehabilitation and institutionalisation, it is appropriate to impose an aggregate sentence of imprisonment of 5 years with a non-parole period of 3 years 6 months, with further referral to the Drug Court for eligibility for a Compulsory Drug Treatment Order.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 5 years with a non-parole period of 3 years 6 months. Findings of special circumstances. Referral to Drug Court for consideration for Compulsory Drug Treatment Order.

Orders

  • ['Aggregate sentence of imprisonment of 5 years with a non-parole period of 3 years 6 months (from 7/8/20 to 6/2/24).' 'Indicative sentences: Seq 1 Robbery – 2 years 9 months; Seq 8 Robbery – 3 years (Form 1 taken into account); Seq 4 Take motor vehicle with occupant – 2 years 6 months with NPP 1 year 9 months.'...