R v TM [2009] NSWDC 111

R v TM [2009] NSWDC 111

Given the seriousness of the offence, the aggravating features, the prior criminal record, and the fact TM was nearly eighteen, it was appropriate to deal with the matter according to law with a custodial sentence of imprisonment for four and a half years, allowing a 25% discount for an early guilty plea, with a non-parole period set at two years due to special circumstances related to youth and rehabilitation.

Parties
Prosecutor: Regina; Defendant: TM
Jurisdiction
Australia
Judgment Date
04 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Juvenile Justice, Armed Robbery, Sentencing, Plea of Guilty
Criminal Law Juvenile Justice Armed Robbery Sentencing Plea of Guilty

Case Brief

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Parties

Regina

Prosecutor

TM

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 sentence for armed robbery with a dangerous weapon by a juvenile
  2. 2 whether to deal with juvenile according to law or under Children (Criminal Proceedings) Act
  3. 3 impact on victims

Ratio Decidendi

Given the seriousness of the offence, the aggravating features, the prior criminal record, and the fact TM was nearly eighteen, it was appropriate to deal with the matter according to law with a custodial sentence of imprisonment for four and a half years, allowing a 25% discount for an early guilty plea, with a non-parole period set at two years due to special circumstances related to youth and rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • TM is sentenced to four and a half years imprisonment for armed robbery with a dangerous weapon (from 6 December 2008 to 5 June 2013).
  • Non-parole period is set at two years (from 6 December 2008 to 5 December 2010).