R v Jackson [2022] NSWDC 450

R v Jackson [2022] NSWDC 450

Given the objective seriousness of the aggravated robbery (s 97(2) Crimes Act 1900 (NSW))—including planning, use of a loaded firearm, significant property stolen, risk to multiple vulnerable victims (including a child), and the offender's extensive criminal history—the Henry guideline is exceeded. For the malicious discharge of a firearm offence (s 33A(1)), objective gravity is in the mid-range. Application of Bugmy principles moderates the weight given to deterrence due to the offender's severe disadvantage and psychological illness. The parity principle applies but does not make the offender's sentence equivalent to the lesser-culpable informant's, as the informant played a lesser role...

Jurisdiction
Australia
Judgment Date
05 October 2022
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment.
Legal Topics
['sentencing' 'aggravated Robbery' 'malicious Discharge of Firearm' 'principles of Sentencing' 'parity' 'delay in Prosecution' 'guilty Plea Discounts']
['criminal Law'] ['sentencing' 'aggravated Robbery' 'malicious Discharge of Firearm' 'principles of Sentencing' 'parity' 'delay in Prosecution' 'guilty Plea Discounts']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated armed robbery under s 97(2) Crimes Act 1900 (NSW)' 'Appropriate sentence for malicious discharge of loaded firearm with intent to avoid arrest under s 33A(1) Crimes Act 1900 (NSW)' 'Consideration of additional offence (being carried in a conveyance knowing it was taken without consent) for sentencing purposes' 'Application of R v Henry guideline judgment and offences above mid-range gravity' 'Application of Bugmy v R principles regarding childhood disadvantage and psychological conditions' 'Allowing for time delay between offence (2001) and sentence (2022) and its relevance' "Application of parity principle with reference to the co-offender/informant's sentence"]

Ratio Decidendi

Given the objective seriousness of the aggravated robbery (s 97(2) Crimes Act 1900 (NSW))—including planning, use of a loaded firearm, significant property stolen, risk to multiple vulnerable victims (including a child), and the offender's extensive criminal history—the Henry guideline is exceeded. For the malicious discharge of a firearm offence (s 33A(1)), objective gravity is in the mid-range. Application of Bugmy principles moderates the weight given to deterrence due to the offender's severe disadvantage and psychological illness. The parity principle applies but does not make the offender's sentence equivalent to the lesser-culpable informant's, as the informant played a lesser role...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment.

Orders

  • ['Convicted of aggravated robbery and malicious discharge of a loaded firearm offences.' 'Sentenced to aggregate term of imprisonment of 10 years commencing 20 July 2019, expiring 19 July 2029.' 'Non-parole period of 6 years and 6 months, expiring 19 January 2026; eligible for release on parole thereafter.']