R v Blow [2010] NSWCCA 294

R v Blow [2010] NSWCCA 294

The sentences for counts 3 and 5 were manifestly inadequate. Count 5 was a serious robbery with wounding involving knives, repeated threats to kill, actual stabbing of the victim, vulnerability of service station attendants, commission while the respondent was on a bond, and four serious Form 1 matters. Count 3 involved a forced entry into a residence at night, a knife held to the victim's throat, threats and fear for life. The respondent's youth and disadvantaged Aboriginal background were relevant but could not significantly reduce punishment for this repeated serious violent offending. Resentencing on counts 3 and 5 was required, with totality addressed by the new structure of sentences.

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Crown Appeal Against Sentence Pursuant to S 5 D of the Criminal Appeal Act 1912 (nsw) / Appeal From Sentences Imposed in the District Court by Toner Dcj; Resentencing in the Court of Criminal Appeal
Outcome
Crown appeal allowed in respect of the sentences on counts 3 and 5; sentences on counts 1, 2, 4 and 6 affirmed; respondent resentenced on counts 3 and 5.
Legal Topics
['manifest Inadequacy of Sentence' 'crown Appeal Against Sentence' 'robbery in Company' 'robbery With Wounding' 'aggravated Break, Enter and Steal' 'form 1 Offences' 'totality Principle' 'sentencing of Young Aboriginal Offenders' 'specific Deterrence']
['criminal Law' 'sentencing'] ['manifest Inadequacy of Sentence' 'crown Appeal Against Sentence' 'robbery in Company' 'robbery With Wounding' 'aggravated Break, Enter and Steal' 'form 1 Offences' 'totality Principle' 'sentencing of Young Aboriginal Offenders' 'specific Deterrence']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence Pursuant to S 5 D of the Criminal Appeal Act 1912 (nsw) / Appeal From Sentences Imposed in the District Court by Toner Dcj; Resentencing in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed on counts 3 and 5 were manifestly inadequate and required appellate intervention.' "Whether the aggregate non-parole period and total term failed to reflect the respondent's overall criminality." "What weight should be given to the respondent's youth, disadvantaged upbringing and Aboriginal background in sentencing for serious violent offences." 'How the Form 1 matters should affect the sentence for count 5.' 'Whether specific deterrence was of particular significance given repeated serious offending and offending while on a bond.']

Ratio Decidendi

The sentences for counts 3 and 5 were manifestly inadequate. Count 5 was a serious robbery with wounding involving knives, repeated threats to kill, actual stabbing of the victim, vulnerability of service station attendants, commission while the respondent was on a bond, and four serious Form 1 matters. Count 3 involved a forced entry into a residence at night, a knife held to the victim's throat, threats and fear for life. The respondent's youth and disadvantaged Aboriginal background were relevant but could not significantly reduce punishment for this repeated serious violent offending. Resentencing on counts 3 and 5 was required, with totality addressed by the new structure of sentences.

Court Disposition

Crown appeal allowed in respect of the sentences on counts 3 and 5; sentences on counts 1, 2, 4 and 6 affirmed; respondent resentenced on counts 3 and 5.

Orders

  • ['The Crown appeal in respect of the sentences on counts 3 and 5 is allowed.' 'The sentences for counts 1, 2, 4 and 6 are affirmed.' 'In relation to count 3 the sentence is quashed and in lieu thereof the respondent is sentenced to a fixed term of 4 years to commence on 20 January 2010 and expire on 19 January...