R v Karl Herden and Iga Sosinska

The appeal concerns the sentencing of Karl Herden and Iga Sosinska for an offence of robbery in company, where they chased, tackled, punched, and took money from a victim who had withdrawn funds from an ATM. The case was heard in the Court of Appeal, where the applicants sought to appeal their sentences on the basis that the primary judge had failed to properly consider the relevant factors in arriving at their sentences.

The primary legal issue before the Court was whether the primary judge had erred in the sentences imposed on the applicants. The Court was required to consider whether the primary judge had failed to properly take into account the relevant factors in arriving at the sentences, particularly the gravity of the offence, the nature and circumstances of the offenders, and the special circumstances of the case. The applicants argued that the sentences imposed were excessive and that the primary judge had not properly considered the special circumstances of the case, including their significant childhood trauma, drug addiction, and prior criminality.

The Court found that the primary judge had properly considered the relevant factors in arriving at the sentences. The Court found that the primary judge had given appropriate weight to the gravity of the offence, the nature and circumstances of the offenders, and the special circumstances of the case. The Court found that the primary judge had appropriately considered the applicants' childhood trauma, drug addiction, and prior criminality, as well as Sosinska's engagement in rehabilitation since the offence. The Court found that the sentences imposed were appropriate and that the primary judge had not erred in arriving at the sentences.

The appeal was dismissed, and the original sentences were upheld. Sosinska was sentenced to 4 years imprisonment with a non-parole period of 2 years, and Herden was sentenced to 3 years and 9 months imprisonment with a non-parole period of 1 year and 10 months.