R v MIDDLEMISS [2010] NSWDC 292

R v MIDDLEMISS [2010] NSWDC 292

Given the seriousness but below mid-range gravity of the armed robbery with wounding, the early guilty plea, genuine remorse, special circumstances, and rehabilitation prospects, the effective sentence is fixed at a non-parole period of three and a half years with a head sentence of six and a half years.

Jurisdiction
Australia
Judgment Date
26 November 2010
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment; sentence imposed
Legal Topics
['sentencing' 'armed Robbery' 'armed Robbery With Wounding' 'drug Offences' 'committing Offence Whilst on Bail' 'committing Offence Whilst on S 9 Bond' 'special Circumstances']
['criminal Law'] ['sentencing' 'armed Robbery' 'armed Robbery With Wounding' 'drug Offences' 'committing Offence Whilst on Bail' 'committing Offence Whilst on S 9 Bond' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for armed robbery with wounding, knowingly take part in the supply of heroin, supply heroin, and related offences committed while on bail and bond, having regard to special circumstances and the offender's motives and remorse?"]

Ratio Decidendi

Given the seriousness but below mid-range gravity of the armed robbery with wounding, the early guilty plea, genuine remorse, special circumstances, and rehabilitation prospects, the effective sentence is fixed at a non-parole period of three and a half years with a head sentence of six and a half years.

Court Disposition

Imprisonment; sentence imposed

Orders

  • ['For both drug offences (knowingly take part in supply of heroin 8 August 2008; supply heroin 9 July 2008): imprisonment, fixed term of two years from 25 October 2009, to be served concurrently.' 'For armed robbery (25 October 2009): imprisonment, fixed term of two years from 25 October 2010.' 'For robbery while...