R v Raymond Donley [2008] NSWDC 82

New South Wales District Court

CITATION: R v Raymond Donley [2008] NSWDC 82

HEARING DATE(S): 27 March 2008 - 28 March 2008, 31 March 2008 EX TEMPORE JUDGMENT DATE : 31 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Neilson DCJ at 1

DECISION: Imprisonment for two years, suspended and subject to supervison

CATCHWORDS: Criminal Law - Sentencing - Attempted Robbery Whilst Armed - Offender 18 years old, of previous good character, exceptional personal circumstances - 1. Parity: co-offender sentenced to 3 years imprisonment, NPP 12 months. Held: current offender's criminality objectively less than co-offender's, and indicated the imposition of a lesser sentence - 2. Intoxication: offence committed when offender intoxicated after binge drinking. Practice of binge drinking triggered off by exceptional personal circumstances. Intoxication lowered offender's resistence to suggestions of co-offender. Held: Intoxication should be seen as a mitigating factor - Sewell v R (1981) 5 A Crim R 204 - R v Coleman (1990) 47 A Crim R 306 - 3. Custodial Sentence: as the maximum penalty for attempted armed robbery was the same as for armed robbery, the guideline judgment of R v Henry ought be considered. A question arose as to whether exceptional circumstances arose to depart from the imposition of a full-time custodial sentence. Held: exceptional circumstances existed such that a full-time custodial sentence ought not be imposed - R v Henry (1999) 46 NSWLR 346 - R v Thomson (2000) 49 NSWLR 383 - R v Govinden (1999) 106 A Crim R 314 - R v Metcalf [2000] NSWCCA 277 - 4. Alternative Sentencing Options: Held: it would be erroneous not to consider alternative sentencing options - R v Griggs (2000) 111 A Crim R 233. Held: a suspended sentence is a real punishment for an offence - R v JCE (2000) 120 A Crim R 18 - R v Foster (2001) 33 MVR 565 - R v Zamgias [2002] NSWCCA 17 - R v Laws (No. 2) (2000) 116 A Crim R 70 - 5. Sentence: imprisonment for two years, suspended and subject to supervision