R v Jackson [2021] NSWDC 416

District Court New South Wales

Medium Neutral Citation: R v Jackson [2021] NSWDC 416 Hearing dates: 6, 7, 10, 11, 12, 13, 14 May 2021 (Trial) 2 July 2021 (Sentence Hearing) Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Criminal Before: R. J. Weber SC DCJ Decision: At para [99] Catchwords: CRIME — Violent offences — Armed robbery — Dangerous weapon SENTENCING — Relevant factors on sentence — General principles — Henry principles and distinguishing features in the instant offending — Objective seriousness — Limited planning — The use of the weapon — No actual violence — Where the weapon was not proven to be a real gun — Aggravating factors — In company — Multiple victims — Subjective considerations on sentence — Social deprivation legal principles — Delay — Parity — Prospects of rehabilitation and risk of reoffending — Special circumstances found Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Markarian v The Queen (2005) 228 CLR 357 at [51] PH v R [2009] NSWCCA 161 at [32] R v Henry (1999) 46 NSWLR 346 R v Todd (1982) 2 NSWLR 517 at [519] Category: Sentence Parties: Regina (Crown) Paul Matthew Jackson (Offender) Representation: Counsel: Mr K Buckman of counsel (Offender)

Solicitors: Ms A Weir (ODPP solicitor advocate for the Crown) Office of the Director of Public Prosecutions (Crown) Ross Hill and Associate Solicitors (Offender) File Number(s): 2019/223508 Publication restriction: None.