Regina v Jay Lindsay John Curtis-Hodge [2016] NSWDC 222

Regina v Jay Lindsay John Curtis-Hodge [2016] NSWDC 222

Given the significant objective seriousness of the robbery and police pursuit offences, offender's extensive criminal history, vulnerability of victims, breach of good behaviour bonds, aggravating and mitigating factors including deprived background and mental illness, and the guilty plea, a total effective sentence of imprisonment of 7 years with a non-parole period of 4 years and 6 months is appropriate. No action was taken on the breach of section 9 bonds, but section 12 bonds were revoked and custodial sentences imposed.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Criminal Sentencing / Sentence
Outcome
convicted and sentenced
Legal Topics
['robbery in Company' 'police Pursuit' 'drive Recklessly' 'stalk/intimidate' 'assault' 'common Assault' 'assault Occasioning Actual Bodily Harm' 'breach of Bond' 'parole Revocation' 'sentencing Principles' 'mitigating Factors' 'aggravating Factors']
['criminal Law'] ['robbery in Company' 'police Pursuit' 'drive Recklessly' 'stalk/intimidate' 'assault' 'common Assault' 'assault Occasioning Actual Bodily Harm' 'breach of Bond' 'parole Revocation' 'sentencing Principles' 'mitigating Factors' 'aggravating Factors']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for robbery in company and police pursuit offences' 'Effect of breach of good behaviour bonds under ss 9 and 12 Crimes (Sentencing Procedure) Act 1999' "Application of sentencing principles in light of offender's background, prior convictions, and mental health"]

Ratio Decidendi

Given the significant objective seriousness of the robbery and police pursuit offences, offender's extensive criminal history, vulnerability of victims, breach of good behaviour bonds, aggravating and mitigating factors including deprived background and mental illness, and the guilty plea, a total effective sentence of imprisonment of 7 years with a non-parole period of 4 years and 6 months is appropriate. No action was taken on the breach of section 9 bonds, but section 12 bonds were revoked and custodial sentences imposed.

Court Disposition

convicted and sentenced

Orders

  • ['Section 9 bonds found breached; no further action taken.' 'Section 12 good behaviour bonds revoked.' 'For offence of intimidating Mr Whiteman: 15 months imprisonment, non-parole period of 10 months from 7 October 2014.' 'For offence of intimidating Ms Byrnes: 15 months imprisonment, non-parole period of 10 months...