R v Ortiz [2013] NSWDC 282

R v Ortiz [2013] NSWDC 282

Ortiz was sentenced as accessory before the fact to two robberies in company, based on his key role in following and reporting victim movements to enable commission of robberies with substantial stolen property but not as principal planner or executor. His lesser moral culpability and guilty plea led to 25% sentencing discount. Sentences were partially accumulative with special circumstances found given isolation, foreign status, and first incarceration; total sentence imposed was six years and nine months, with non-parole period of four years.

Jurisdiction
Australia
Judgment Date
22 August 2013
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
['robbery in Company' 'accessory Before the Fact' 'sentence' 'plea of Guilty' 'special Circumstances']
['criminal Law'] ['robbery in Company' 'accessory Before the Fact' 'sentence' 'plea of Guilty' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for accessory before the fact to robbery in company' 'Assessment of moral culpability of offender compared to principals' 'Determination of special circumstances in sentencing' 'Application of sentencing guidelines and principles']

Ratio Decidendi

Ortiz was sentenced as accessory before the fact to two robberies in company, based on his key role in following and reporting victim movements to enable commission of robberies with substantial stolen property but not as principal planner or executor. His lesser moral culpability and guilty plea led to 25% sentencing discount. Sentences were partially accumulative with special circumstances found given isolation, foreign status, and first incarceration; total sentence imposed was six years and nine months, with non-parole period of four years.

Court Disposition

conviction and sentence

Orders

  • ['Ortiz convicted for accessory before the fact to robbery in company on 30 May 2012; sentenced to 3 years and 9 months imprisonment, from 21 June 2012 to 20 March 2016, no non-parole period fixed for this count.' 'Ortiz convicted for accessory before the fact to robbery in company on 12 June 2012; sentenced to 5...