R v Al-Basry; R v Robinson [2019] NSWDC 437

R v Al-Basry; R v Robinson [2019] NSWDC 437

Both offenders, having pleaded guilty to aggravated break and enter and related Form 1 offences, received sentences reflecting the seriousness of planned armed home invasion, aggravated by criminal histories and planning, but mitigated by remorse, guilty pleas, evidence of some rehabilitation, diagnosis of mental illness for Al-Basry, and finding of special circumstances as to parole. Parity between co-offenders warranted slightly longer total sentence for Al-Basry due to greater role and personal circumstances.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment sentences imposed on both offenders with special circumstances found; non-parole periods set; Al-Basry receives slightly longer sentence.
Legal Topics
['sentencing' 'aggravating Factors' 'mitigating Factors' 'parity' 'co Offenders' 'form 1 Offences']
['criminal Law'] ['sentencing' 'aggravating Factors' 'mitigating Factors' 'parity' 'co Offenders' 'form 1 Offences']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated break and enter and commit serious indictable offence with aggravating factors?' 'How do mitigating and aggravating factors, including prior convictions, planning, remorse, and guilty pleas, affect sentencing?' 'How should parity and co-offender principles be applied?' 'How are Form 1 offences to be considered in sentencing?']

Ratio Decidendi

Both offenders, having pleaded guilty to aggravated break and enter and related Form 1 offences, received sentences reflecting the seriousness of planned armed home invasion, aggravated by criminal histories and planning, but mitigated by remorse, guilty pleas, evidence of some rehabilitation, diagnosis of mental illness for Al-Basry, and finding of special circumstances as to parole. Parity between co-offenders warranted slightly longer total sentence for Al-Basry due to greater role and personal circumstances.

Court Disposition

Imprisonment sentences imposed on both offenders with special circumstances found; non-parole periods set; Al-Basry receives slightly longer sentence.

Orders

  • ['Ahmad Al-Basry: Convicted. Sentenced to imprisonment of 3 years, 2 months from 10 May 2018 to 9 July 2021. Non-parole period of 2 years, 1 month expiring 9 June 2020. Special circumstances found. Convicted of negligent driving under s 10A with no further penalty.' 'Steven Robinson: Convicted. Sentenced to...