R v Malakai Glen BRAITHWAITE [2023] NSWDC 480

R v Malakai Glen BRAITHWAITE [2023] NSWDC 480

The offender was convicted of larceny and assault with intent to rob armed with an offensive weapon; given his reduced moral culpability from psychiatric conditions and deprived upbringing, special circumstances were found, and an appropriate head sentence of two years ten months with a non-parole period of one year eight months was imposed, with an ICO not granted due to risk to community safety and sentence length.

Parties
Prosecutor: R (Crown); Offender: Malakai Glen Braithwaite
Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Sentencing, Larceny, Assault With Intent to Rob, Offensive Weapon, Mental Health Considerations
Criminal Law Sentencing Larceny Assault With Intent to Rob Offensive Weapon Mental Health Considerations

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Parties

R (Crown)

Prosecutor

Malakai Glen Braithwaite

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for larceny under s 117 Crimes Act 1900 (NSW)
  2. 2 Appropriate sentence for assault with intent to rob armed with an offensive weapon under s 97(1) Crimes Act 1900 (NSW)
  3. 3 Consideration of mental health and deprivation in sentencing

Ratio Decidendi

The offender was convicted of larceny and assault with intent to rob armed with an offensive weapon; given his reduced moral culpability from psychiatric conditions and deprived upbringing, special circumstances were found, and an appropriate head sentence of two years ten months with a non-parole period of one year eight months was imposed, with an ICO not granted due to risk to community safety and sentence length.

Court Disposition

conviction and sentencing

Orders

  • Convicted on both charges.
  • In relation to larceny (s 117): Conviction recorded, no further penalty imposed.