R v Greer ; R v Stewart [2018] NSWDC 159

R v Greer ; R v Stewart [2018] NSWDC 159

Sentences must reflect personal and general deterrence, even where offenders claim intoxication and personal difficulties. Family responsibilities and prospects for rehabilitation may be considered, facilitating alternatives to full-time custody in appropriate cases, but the gravity of violence involved in robbery in company predominates.

Parties
Prosecution: The Crown; Offender: Luke Greer; Offender: Troy Stewart
Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
adjourned for assessment and sentencing
Legal Topics
Robbery in Company, Violence, Alcohol Consumption, Sentencing
Criminal Law Robbery in Company Violence Alcohol Consumption Sentencing

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Parties

The Crown

Prosecution

Luke Greer

Offender

Troy Stewart

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether intoxication is a mitigating factor in sentencing for robbery in company
  2. 2 Appropriate sentencing considering family and rehabilitation prospects
  3. 3 Application of sentencing guidelines to robbery in company cases

Ratio Decidendi

Sentences must reflect personal and general deterrence, even where offenders claim intoxication and personal difficulties. Family responsibilities and prospects for rehabilitation may be considered, facilitating alternatives to full-time custody in appropriate cases, but the gravity of violence involved in robbery in company predominates.

Court Disposition

adjourned for assessment and sentencing

Orders

  • Mr Greer's matter adjourned under s11 of the Crimes (Sentencing Procedure) Act
  • Mr Stewart referred for assessment for suitability for Intensive Corrections Order