R v LUNDBERG

The appeal concerned a sentence imposed on the appellant, R v Lundberg, by the Supreme Court of South Australia. The appellant had been found guilty of aggravated robbery and false imprisonment, having stolen $120,775 from a BankSA branch and restrained an employee with ties and electrical tape. The sentencing judge imposed a head sentence of nine years and 10 months imprisonment, with a non-parole period of five years and 10 months, backdated to 30 March 2012. The appellant argued that this sentence was manifestly excessive.

The central legal issue before the Court of Criminal Appeal was whether the head sentence and non-parole period were manifestly excessive, particularly in light of the appellant's submission that the robbery was less serious than other aggravated robberies involving weapons. The court was required to consider the principles of sentencing for aggravated robbery, including general and specific deterrence, rehabilitation, and the circumstances of the offence and offender.

The Court of Criminal Appeal, applying the principles established in *R v Place* and subsequent cases, found that the head sentence of nine years and 10 months was manifestly excessive. While acknowledging the necessity of general and specific deterrence and the lack of evidence regarding rehabilitation prospects, the court distinguished this offence from the typical drug or alcohol-fuelled robberies for which a standard penalty of six to eight years imprisonment is considered appropriate. The court noted that this robbery was well-planned, involved the exploitation of inside knowledge, and was not driven by addiction. Despite the level of violence, the frightening false imprisonment, the substantial sum stolen, and the lack of remorse, the court determined that the original sentence exceeded the appropriate range. Additionally, an error in the calculation of the sentence commencement date was identified.

Consequently, the appeal was allowed. The original sentence was set aside, and a new sentence of seven years and 10 months imprisonment was imposed, with a non-parole period of four years and eight months. The commencement date for both the term of imprisonment and the non-parole period was fixed at 13 March 2012.