R v HENG [2012] NSWDC 58

R v HENG [2012] NSWDC 58

The offender's armed robbery was very serious because he threatened a train passenger with a knife in broad daylight to obtain money for drugs. Although he was young, pleaded guilty early, showed remorse and had some prospects if he addressed drug use, the seriousness of the offence, Form 1 matters, breach of two s 9 bonds, personal deterrence, general deterrence and denunciation required imprisonment. To avoid double counting while recognising the bond breaches, the sentence was made partially cumulative and partially concurrent with Local Court sentences, with special circumstances found.

Jurisdiction
Australia
Judgment Date
30 March 2012
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
The offender was sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 3 and a half years.
Legal Topics
['sentence' 'armed Robbery' 'form 1 Offences' 'breach of S 9 Bonds' 'parity' 'general Deterrence' 'special Circumstances']
['criminal Law'] ['sentence' 'armed Robbery' 'form 1 Offences' 'breach of S 9 Bonds' 'parity' 'general Deterrence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the armed robbery committed with a knife on a train, taking into account the offender's early guilty plea, youth, remorse, drug use, rehabilitation prospects, parity with a juvenile co-offender, Form 1 matters, and breach of two s 9 bonds." 'Whether the sentence should be partially cumulative and partially concurrent with Local Court sentences imposed for offences committed in breach of bonds.']

Ratio Decidendi

The offender's armed robbery was very serious because he threatened a train passenger with a knife in broad daylight to obtain money for drugs. Although he was young, pleaded guilty early, showed remorse and had some prospects if he addressed drug use, the seriousness of the offence, Form 1 matters, breach of two s 9 bonds, personal deterrence, general deterrence and denunciation required imprisonment. To avoid double counting while recognising the bond breaches, the sentence was made partially cumulative and partially concurrent with Local Court sentences, with special circumstances found.

Court Disposition

The offender was sentenced to imprisonment consisting of a non-parole period of 2 years and a head sentence of 3 and a half years.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of 2 years is set to date from 6 December 2011.' 'A head sentence of 3 and a half years is imposed.' 'The non-parole period will expire on 5 December 2013, on which day the offender is eligible to be released to parole.']