R v Finau [2019] NSWDC 935

R v Finau [2019] NSWDC 935

The offender was sentenced to an aggregate term of imprisonment for offences of robbery in company with wounding and supplying a prohibited drug. The aggregate sentence was imposed consistent with the totality principle, giving discounts for early guilty pleas, and adjusting the non-parole period due to special circumstances and prospects for rehabilitation. Aggravating and mitigating circumstances were weighed, and the resultant sentence reflected the overall criminality, in consideration of relevant statutory and judicial guidelines.

Parties
Prosecutor: Regina (Crown); Offender: Donnie Finau
Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Sentencing / Sentence Judgment
Outcome
aggregate sentence of full-time imprisonment imposed
Legal Topics
Robbery in Company With Wounding, Supply Prohibited Drug, Sentencing, Totality Principle, Guilty Plea Discount, Revocation of Bond
Criminal Law Robbery in Company With Wounding Supply Prohibited Drug Sentencing Totality Principle Guilty Plea Discount Revocation of Bond

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Parties

Regina (Crown)

Prosecutor

Donnie Finau

Offender

Procedural Posture

Criminal Sentencing / Sentence Judgment

Legal Issues

  1. 1 Appropriate sentence for robbery in company with wounding
  2. 2 Appropriate sentence for supply of prohibited drug
  3. 3 Application of totality principle in aggregate sentencing

Ratio Decidendi

The offender was sentenced to an aggregate term of imprisonment for offences of robbery in company with wounding and supplying a prohibited drug. The aggregate sentence was imposed consistent with the totality principle, giving discounts for early guilty pleas, and adjusting the non-parole period due to special circumstances and prospects for rehabilitation. Aggravating and mitigating circumstances were weighed, and the resultant sentence reflected the overall criminality, in consideration of relevant statutory and judicial guidelines.

Court Disposition

aggregate sentence of full-time imprisonment imposed

Orders

  • Prisoner sentenced to aggregate term of imprisonment of 6 years and 6 months.
  • Non-parole period fixed at 3 years and 6 months, commencing 31 January 2018 and expiring 30 October 2021.