R v Ilic [2019] NSWDC 885

R v Ilic [2019] NSWDC 885

Given the vulnerability of the victim, the nature of the armed robbery, the offender's background and demonstrated remorse, and the principles of general deterrence and totality, a sentence of three years imprisonment with a non-parole period of one year and six months was appropriate, reflecting both retribution and the prospects for rehabilitation.

Parties
Offender: Daniel Ilic; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to three years imprisonment with a non-parole period of one year and six months.
Legal Topics
Sentencing, Armed Robbery, General Deterrence, Special Circumstances, Totality, Aggravating and Mitigating Factors, Plea of Guilty
Criminal Law Sentencing Armed Robbery General Deterrence Special Circumstances Totality Aggravating and Mitigating Factors Plea of Guilty

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Parties

Daniel Ilic

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for armed robbery involving a vulnerable victim
  2. 2 Application and moderation of the Henry guideline
  3. 3 Relevance of offender's background and remorse to sentencing

Ratio Decidendi

Given the vulnerability of the victim, the nature of the armed robbery, the offender's background and demonstrated remorse, and the principles of general deterrence and totality, a sentence of three years imprisonment with a non-parole period of one year and six months was appropriate, reflecting both retribution and the prospects for rehabilitation.

Court Disposition

Offender convicted and sentenced to three years imprisonment with a non-parole period of one year and six months.

Orders

  • Conviction entered.
  • Sentence commences on 14 November 2019.