R v Jacobson FITZSIMMONS [2013] NSWDC 169

R v Jacobson FITZSIMMONS [2013] NSWDC 169

The offence was too serious to be dealt with otherwise than by a prison sentence, but the offender's youth, no criminal record, lack of proven participation in the physical violence, remorse, early guilty plea, employment, rehabilitation efforts and distinctions from the co-offender justified a reduced sentence of 1 year and 10 months imprisonment and referral for assessment for possible service by intensive correction in the community.

Jurisdiction
Australia
Judgment Date
11 June 2013
Procedural Posture
Sentence / Remarks on Sentence After Plea of Guilty
Outcome
Convicted of robbery in company and sentenced to 1 year and 10 months imprisonment; referred for assessment as to suitability for intensive correction in the community.
Legal Topics
['robbery in Company' 'guilty Plea Discount' 'parity Between Co Offenders' 'intensive Correction Order Assessment' 'youthful Offender' 'vulnerable Victim']
['criminal Law' 'sentencing'] ['robbery in Company' 'guilty Plea Discount' 'parity Between Co Offenders' 'intensive Correction Order Assessment' 'youthful Offender' 'vulnerable Victim']

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Procedural Posture

Sentence / Remarks on Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's plea of guilty to robbery in company under s 97(1) of the Crimes Act 1900." "Whether parity with the co-offender's sentence required a similar custodial sentence or whether distinctions justified a lower sentence." 'Whether the prison sentence should be served by way of intensive correction in the community.']

Ratio Decidendi

The offence was too serious to be dealt with otherwise than by a prison sentence, but the offender's youth, no criminal record, lack of proven participation in the physical violence, remorse, early guilty plea, employment, rehabilitation efforts and distinctions from the co-offender justified a reduced sentence of 1 year and 10 months imprisonment and referral for assessment for possible service by intensive correction in the community.

Court Disposition

Convicted of robbery in company and sentenced to 1 year and 10 months imprisonment; referred for assessment as to suitability for intensive correction in the community.

Orders

  • ['Jacobson Fitzsimmons is formally convicted of robbery in company.' 'Compensation is ordered for Mr Zhang.' 'Jacobson Fitzsimmons is referred under s 69(1) of the Crimes (Sentencing Procedure) Act 1999 for assessment as to his suitability for intensive correction in the community.' 'Jacobson Fitzsimmons is to...