R v Hammond [2019] NSWDC 844

R v Hammond [2019] NSWDC 844

The sentence must reflect both the objective seriousness of the armed robbery and robbery, the breach of parole, and the offender's individual circumstances, moderated in light of background and mental health, with leniency applied to avoid disproportional aggregate sentencing.

Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of six years with a non-parole period of three years; parole period of three years.
Legal Topics
['sentencing' 'armed Robbery' 'robbery' 'aggregate Sentence' 'parole' 'totality Principle']
['criminal Law'] ['sentencing' 'armed Robbery' 'robbery' 'aggregate Sentence' 'parole' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for armed robbery and robbery' 'Effect of guilty pleas on sentence' 'Application of guideline judgments to sentencing' 'Effect of offending while on parole' 'Application of the totality principle' "Consideration of offender's background and mental health"]

Ratio Decidendi

The sentence must reflect both the objective seriousness of the armed robbery and robbery, the breach of parole, and the offender's individual circumstances, moderated in light of background and mental health, with leniency applied to avoid disproportional aggregate sentencing.

Court Disposition

Aggregate sentence of six years with a non-parole period of three years; parole period of three years.

Orders

  • ["Aggregate sentence of six years' imprisonment commencing 14 June 2018." 'Non-parole period of three years.' 'Parole period of three years.' 'Eligible for consideration for release to parole on 13 June 2021.' "Mr Borenstein's report attached to warrant; recommendation for immediate Justice Health psychiatric...