R v Jacobson FITZSIMMONS [2013] NSWDC 169

District Court New South Wales

Medium Neutral Citation: R v Jacobson FITZSIMMONS [2013] NSWDC 169 Decision date: 11 June 2013 Before: Cogswell SC DCJ Decision: Convicted of the offence of robbery in company. Sentenced to 1 year and 10 months imprisonment. Offender referred for assessment as to his suitability for intensive correction in the community. Catchwords: CRIMINAL LAW - Particular offence - robbery in company - vulnerable victim - passenger travelling alone on train at night - Sentence - relevant factors - parity between co-offenders - co-offender sentenced to imprisonment - distinguishable - co-offender had criminal record; was on conditional liberty when offence committed; and Form 1 taken into account - response to charges - early plea of guilty - 25 percent discount - remorseful - nature and circumstances of offender - employed - undertaking apprenticeship - voluntary work - nature and circumstances of the offence - no weapon - offender not involved in violence - Sentencing procedure - sentencing guidelines - many Henry factors present - limited planning - limited actual violence - no criminal record - vulnerable victim - small amount taken - guilty plea - Sentencing orders - non-custodial orders - referral for assessment for suitability for intensive correction order. Legislation Cited: Crimes Act 1900, s 97(1). Crimes (Sentencing Procedure) Act 1999, s 32, s 69(1). Cases Cited: R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149. Category: Sentence Parties: Regina (Crown) Jacobson Fitzsimmons (Offender) Representation: Counsel: J Baxter (Offender) Solicitor: D M Weston, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2012/179652