R v Steven Ray HUGHES [2008] NSWDC 360

R v Steven Ray HUGHES [2008] NSWDC 360

Given the seriousness of the offences, aggravating features including committing the offence while on parole, past criminal record, use of a weapon, and substantial emotional harm to the victim, only a long term of imprisonment is appropriate. Both offences were held to be in the middle range of objective seriousness and the sentences imposed should be served concurrently given they arose from the same incident. Sentence is backdated to the date of arrest due to the age and prospects for rehabilitation of the offender.

Parties
Prosecution: Regina; Defendant: Steven Ray Hughes
Jurisdiction
Australia
Judgment Date
05 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
defendant convicted and sentenced
Legal Topics
Robbery in Company, Specially Aggravated Detain for Advantage, Sentencing, Non Parole Period, Detention, Use of Weapon, Violence, Parole, Criminal Record
Criminal Law Robbery in Company Specially Aggravated Detain for Advantage Sentencing Non Parole Period Detention Use of Weapon Violence +2 more

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Parties

Regina

Prosecution

Steven Ray Hughes

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for robbery in company and specially aggravated detention for advantage
  2. 2 Assessment of aggravating features under Crimes (Sentencing Procedure) Act 1999
  3. 3 Role of rehabilitation versus deterrence in sentencing

Ratio Decidendi

Given the seriousness of the offences, aggravating features including committing the offence while on parole, past criminal record, use of a weapon, and substantial emotional harm to the victim, only a long term of imprisonment is appropriate. Both offences were held to be in the middle range of objective seriousness and the sentences imposed should be served concurrently given they arose from the same incident. Sentence is backdated to the date of arrest due to the age and prospects for rehabilitation of the offender.

Court Disposition

defendant convicted and sentenced

Orders

  • For specially aggravated detention for advantage under s 86(3) Crimes Act 1900: non-parole period of 6 years from 21 July 2007, balance of term 3 years from 21 July 2013 to 20 July 2016.
  • For robbery in company under s 97(1) Crimes Act 1900: non-parole period of 5 years from 21 July 2007, balance of term 2 years from 21 July 2012 to 20 July 2014.