14 Sept 2023
Apply R v Mako principles to set a starting point of eight years' imprisonment for the defendant's role as an active participant in a planned gang-related home invasion involving a firearm discharge causing injury; apply a total discount of 45% (25% guilty plea, 10% social/cultural/mental health/remorse, 10% youth) resulting in an effective concurrent sentence of four years and four months' imprisonment.
4 Apr 2023
Apply Mako principles to treat aggravated burglary as lead offence; set starting point at nine years for the shooter role, add a three month uplift for prior pattern of violent and weapons offending (total nine years three months), then apply a total 35% discount (25% for guilty plea plus 10% for cultural deprivation/remorse) resulting in an effective sentence of six years' imprisonment to be served concurrently on both charges.
27 Feb 2023
Because the wounding resulted from the burglary the court set a single starting point for aggravated burglary taking the firearm discharge and wounding into account (starting point eight years for this participant), refused a separate uplift for the additional charge based on the same conduct, applied a 25% discount for the guilty plea and approximately 10% discount for personal mitigation (youth, cultural factors, addiction) resulting in an effective concurrent sentence of five years two months' imprisonment.
7 Dec 2021
Section 18 of the Sentencing Act 2002 precluded the sentencing Judge from applying any uplift to reflect the lesser aggravated injuring charge because the offender was under 18 at the time; the correct standalone starting point for the aggravated wounding was eight years, and applying appropriate discounts produced a substituted sentence of two years seven months imprisonment; the concurrent sentence on the lesser charge was quashed and the offender convicted and discharged on that count.
11 Oct 2019
The court was required by statute to impose the maximum sentences of 14 years on both counts as this was a qualifying third strike, but concluded it would be manifestly unjust to order those sentences be served without parole because of the offender's severe psychological vulnerability from prior traumatic incarceration and the large disparity between the hypothetical non-parole period but for the scheme (two years) and the 14-year statutory term; accordingly the court imposed concurrent 14-year sentences and did not make an order that they be served without parole.
9 Apr 2019
The judge erred in principle by reducing a 12 month starting point by 18 months under the guise of totality, producing an unduly low end sentence; proper approach produced an aggregate starting point of 11 years six months before personal mitigation, and the total non-guilty-plea mitigation should be 35% not 45%, requiring an increased concurrent sentence for aggravated wounding to five years nine months.
29 Jun 2018
The sentencing judge relied on an incorrect factual premise that Pearce struck the primary victim; because there was no evidence he delivered the blows to Officer Prasad his culpability was lower than the lead co-offender and the starting point should be reduced by one year (to nine years) with a one-year uplift for the separate offending, yielding a ten-year starting point; applying the 15% guilty plea discount correctly reduces the sentence to eight years six months; extension of time to appeal was granted because the sentence was founded on a factual error causing manifest excess.
27 Jun 2018
Court adopted a global starting point of 8.5 years' imprisonment based on the combined seriousness of aggravated robbery, kidnapping and aggravated wounding, parity with co-offender sentencing and the particular cruelty and lasting harm to the taxi driver; the starting point was reduced by a 3 month discount for mental health factors and a 5 percent discount for a limited guilty plea, producing a final custodial sentence for the lead charge of 7 years and 10 months; no MPI was imposed because ordinary sentencing and parole processes were sufficient.
21 Jun 2018
Judge fixed a starting point of 6.5 years for the lead aggravated robbery, uplifted for totality and prior convictions, allowed a 20% guilty plea discount and 5% remorse discount, imposed a final determinate sentence of six years seven months' imprisonment, and imposed a minimum period of imprisonment of three years three months to ensure accountability, deterrence and community protection; reparation was declined.
12 Jun 2018
Adopted a determinate sentence of six years five months imprisonment with a minimum term of 60%, and declined preventive detention because, despite a high risk profile, there was no established pattern of prior sexual offending, the offender had not yet undergone targeted sexual-offending treatment, and a lengthy determinate sentence combined with prospective extended supervision provided adequate community protection.