District Court
New South Wales
Medium Neutral Citation: R v Al-Basry; R v Robinson [2019] NSWDC 437 Hearing dates: 26 April 2019; 16 May 2019 Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Al-Basry: A sentence of imprisonment of 3 years, 2 months with a non-parole period of 2 years, 1 month: at [36].
Robinson: A sentence of imprisonment of 3 years with a non-parole period of 2 years: at [36].Catchwords: SENTENCING — Mitigating factors — Plea of guilty — Remorse
SENTENCING — Aggravating factors — Home of victim or any other person — Planned or organised criminal activity — Record of previous convictions
SENTENCING — Relevant factors on sentence — Co-offenders — Parity
SENTENCING — Relevant factors on sentence — Form 1 offencesLegislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomas [2007] NSWCCA 269
McDowall v The Queen [2019] NSWCCA 29
Jinnette v R [2012] NSWCCA 217
Bugmy v The Queen (1990) 169 CLR 525Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Ahmad Al-Basry (Offender)
Steven Robinson (Offender)Representation: Ms A James (Crown)
Ms N Carroll (Offender – Al-Basry)
Ms A Chauvet (Offender – Robinson)
File Number(s): 2018/148197; 2018/148212
Judgment
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Steven Robinson, aged 38 and Ahmad Al-Basry, aged 25, both appear for sentence having pleaded guilty to a charge under s 112(2) of the Crimes Act1900 of aggravated break and enter and commit a serious indictable offence, namely robbery while armed with an offensive weapon that arose out of an incident on 10 May 2018 when they went to the home of the 69 year old victim, Susan Highland, who it seemed had previously provided cannabis to at least one of them. The maximum penalty for this offence is 20 years imprisonment with a standard non-parole period of five years. These penalties are yardsticks in the sentencing process to be carried out in the light of the purposes of sentencing in s 3A of the Crimes (Sentencing Procedure) Act 1999.
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It is common ground that a discount of 25% on any term of imprisonment should be allowed for the utilitarian value of the guilty pleas. It is also conceded by the representatives of both offenders that the s 5 threshold has been crossed and that there is no alternative to a term of fulltime custody. Both offenders have been in custody since their arrest on 10 May 2018 and the term of imprisonment will commence on that date.
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Each offender has charges to be dealt with on a Form 1 of take and drive a conveyance without the consent of the owner, which carries a maximum penalty of five years imprisonment if dealt with in this court or two years in the Local Court. I will deal with that in the way suggest by the Chief Justice in the guideline judgment on Form 1 matters.
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There is a related offence for Mr Al-Basry of negligent driving. I will indicate…
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- Case
- [2019] NSWDC 437
- Decision Date
CaseChat Overview and Summary
The court emphasised the significance of the appellants' guilty pleas and expressions of remorse, which were acknowledged as substantial mitigating factors. However, these were balanced against the seriousness of the offences, which were planned and involved violence. The court noted the appellants' previous convictions and their lack of substantial employment history, which were considered aggravating factors. The court also highlighted the importance of achieving parity in sentencing between co-offenders, though it noted that some disparity was justified given the differing roles and levels of involvement in the crime. The court ultimately determined that the sentences should reflect the seriousness of the offences, the need for deterrence, and the appellants' potential for rehabilitation.
In determining the appropriate sentences, the court imposed a sentence of imprisonment of three years and two months on Al-Basry, with a non-parole period of two years and one month. For Robinson, the court imposed a sentence of imprisonment of three years, with a non-parole period of two years. The court's decision underscored the importance of considering both mitigating and aggravating factors in the sentencing process, and the need to achieve a balance between punishment, deterrence, and the potential for rehabilitation.
Orders
Orders of the court
Al-Basry: A sentence of imprisonment of 3 years, 2 months with a non-parole period of 2 years, 1 month: at [36].
Robinson: A sentence of imprisonment of 3 years with a non-parole period of 2 years: at [36].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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