NSW Caselaw
New South Wales Supreme Court
CITATION : R v II [2008] NSWSC 325
HEARING DATE(S) : 8-9 April 2008
JUDGMENT DATE : 11 April 2008
JUDGMENT OF : Fullerton J
DECISION : 1. In respect of the offence of robbery in company contrary to s 97 of the Crimes Act, I sentence the offender to a non-parole period of 21 months commencing on 11 June 2006 and expiring on 10 March 2008 with a balance of term of 15 months expiring on 10 June 2009. 2. In accordance with s 50(1) of the Crimes (Sentencing Procedure) Act, I direct that the offender be released forthwith.
CATCHWORDS : CRIMINAL LAW - Sentence - Late plea of guilty - Robbery in company - Offences on Form 1 taken into account - Female offender driver of getaway car - Not aware that robbery involved use of weapons - Strong subjective case warranting departure from guideline judgment in R v Henry - Finding of special circumstances
Children (Criminal Proceedings) Act 1987 LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 156 R v Dukino; R v Moshref [2003] NSWCCA 379 R v Henry and Others [1999] NSWCCA 111; 46 NSWLR 346 CASES CITED : R v Hoschke [2001] NSWCCA 317 R v McIlwraith [2005] NSWCCA 137 R v Murchie [1999] NSWCCA 424; 108 A Crim R 482 R v Young [2003] NSWCCA 276
PARTIES : II (Offender) The Crown
FILE NUMBER(S) : SC 2007/2577
COUNSEL : B Rigg (Offender) T Thorpe (Crown)
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