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R v Roberson aka Luke

R v Roberson aka Luke

Case [2010] NSWDC 216 13 August 2010

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CITATION: R v Roberson aka Luke [2010] NSWDC 216

HEARING DATE(S): 30/07/2010

JUDGMENT DATE:
13 August 2010

JURISDICTION: Crime

JUDGMENT OF: Norrish QC DCJ

DECISION: H37339670 – 001 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 2 years is to expire on 6.8.14. Eligible for release to parole on 6.8.12.
H37339670 – 002 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12.
H37339670 – 004 – Taking into account matters of a Form 1. Convicted: Sentenced to a term of imprisonment which consists of a non parole period being 9 months commencing on 7.11.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12.
H37339670 – 005 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11.
H37339670 – 006 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11.

CATCHWORDS: CRIME - Sentence - assault with intent to take and drive a conveyance - robbery in company

LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

CASES CITED: Pearce v The Queen (1998) 194 CLR 610
Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25
Henry v R (1999) 46 NSWLR 346
R v O'Callaghan [2006] NSWCCA 58
Attorney Generals Reference No 2 (2002) 56 NSWLR 147
Way v The Queen [2004] NSWCCA 131
Anderson v The Queen [2008] NSWCCA 211
R v MLP [2006] NSWCCA 271
R v MMK (2006) 164 A Crim R 481
R v XX [2009] NSWCCA 115
Arnaouto v The Queen (2008) 191 A Crim R 149
Jagou & Ors [2009] NSWCCA 167
Blackman and Waters [2001] NSWCCA 121

PARTIES: Regina
Michael Roberson aka Michael Luke

FILE NUMBER(S): 2009/00042534

SOLICITORS: Ms Kemp - Director of Public Prosecutions
Mr Karim - Offender (ALS)

SENTENCE

1 Michael Luke. I propose to sentence you to six and a half years imprisonment with a non-parole period of three years. Those sentences will be backdated to 7 August 2009 so they will be partially accumulative upon the balance of parole and other sentences that were imposed in the Local Court. You can take a seat while I give my reasons now.

2 Michael Luke appears today for sentence in relation to a number of offences that were committed between 3 April and 5 April 2009. If ever there was a case that highlighted the difficulties involved in applying properly principles such as those set out in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Roberson aka Luke

Details

AGLC: R v Roberson aka Luke [2010] NSWDC 216
Case: [2010] NSWDC 216
Decision Date: 13 August 2010

CaseChat Overview and Summary

In the case of R v Roberson, also known as Luke, the defendants were convicted of various criminal offences, including assault with intent to take and drive a conveyance, and robbery in company. The matter was heard in the relevant court, where the primary concern was the sentencing of the defendants. The court had to determine the appropriate terms of imprisonment and non-parole periods for each defendant, taking into consideration the nature and severity of the crimes committed.

The legal issues before the court included the assessment of the defendants' criminal history, the circumstances of the offences, and the principles of sentencing. The court had to weigh the aggravating and mitigating factors presented in the case to arrive at a just and appropriate sentence. Special circumstances were also considered, as the court had to determine whether any factors warranted a departure from the usual sentencing guidelines.

After evaluating the evidence and arguments presented, the court found special circumstances in certain cases. The court sentenced the defendants to terms of imprisonment with specific non-parole periods and balance sentences, taking into account the nature of the offences and the defendants' criminal history. The court found that the defendants were eligible for parole release on certain dates, depending on their individual sentences.

The final orders reflect the court's determination of the appropriate sentences for each defendant, considering the specific circumstances of the case. The sentences ranged from a non-parole period of 9 months to 1 year, with balance sentences varying between 2 years and 3 months to 3 years and 6 months. The court's decision was based on a thorough analysis of the evidence and the relevant sentencing principles.

Orders

Orders of the court

H37339670 – 001 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 2 years is to expire on 6.8.14. Eligible for release to parole on 6.8.12.

H37339670 – 002 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12.

H37339670 – 004 – Taking into account matters of a Form 1. Convicted: Sentenced to a term of imprisonment which consists of a non parole period being 9 months commencing on 7.11.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12.

H37339670 – 005 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11.

H37339670 – 006 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11.

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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Citations

AGLC Citation

R v Roberson aka Luke [2010] NSWDC 216

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 11 of 11 shown

R v Jajou
[2009] NSWCCA 167

…P [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackman and Waters [2001] NSWCCA 121 PARTIES: Regina Michael Roberson aka Michael Luke FILE NUMBER(S): 2009/00042534 SOLICITORS: Ms Kemp - Director of Public Prosec…
R v XX
[2009] NSWCCA 115

…v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackman and Waters [2001] NSWCCA 121 PARTIES: Regina Michael Roberson aka Michael Luke FI…
Anderson v R
[2008] NSWCCA 211

…allaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackma…
MLP v R
[2006] NSWCCA 271

…Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackman and Waters [2001] NSWCCA…
Callaghan v R
[2006] NSWCCA 58

…v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006…
Markarian v The Queen
[2005] HCA 25

…Crimes (Sentencing Procedure) Act 1999 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The…
R v Way
[2004] NSWCCA 131

…5 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 14…
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518

…en (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto…
R v Blackman and Walters
[2001] NSWCCA 121

…A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackman and Waters [2001] NSWCCA 121 PARTIES: Regina Michael Roberson aka Michael Luke FILE NUMBER(S): 2009/00042534 SOLICITORS: Ms Kemp - Director of Public Prosecutions Mr Karim - Offender (ALS)…
R v Henry
[1999] NSWCA 111

…edure) Act 1999 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v ML…
Pearce v The Queen
[1998] HCA 57

…ke and drive a conveyance - robbery in company LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2…

Legislation cited in this decision · 2

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention
Crimes Act 1900 (ACT)
1 mention

CITATION:	R v Roberson aka Luke [2010] NSWDC 216
HEARING DATE(S):	30/07/2010
JUDGMENT DATE:	13 August 2010
JURISDICTION:	Crime
JUDGMENT OF:	Norrish QC DCJ
DECISION:	H37339670 – 001 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 2 years is to expire on 6.8.14. Eligible for release to parole on 6.8.12. H37339670 – 002 Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 1 year commencing on 7.8.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12. H37339670 – 004 – Taking into account matters of a Form 1. Convicted: Sentenced to a term of imprisonment which consists of a non parole period being 9 months commencing on 7.11.11 and to expire on 6.8.12. Balance of the sentence being 3 years and 6 months is to expire on 6.2.16. I find special circumstances. Eligible for release to parole on 6.8.12. H37339670 – 005 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11. H37339670 – 006 – Convicted: Sentenced to a term of imprisonment of 2 years and 3 months commencing on 7.8.09 and to expire on 6.11.11.
CATCHWORDS:	CRIME - Sentence - assault with intent to take and drive a conveyance - robbery in company
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	Pearce v The Queen (1998) 194 CLR 610 Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 Henry v R (1999) 46 NSWLR 346 R v O'Callaghan [2006] NSWCCA 58 Attorney Generals Reference No 2 (2002) 56 NSWLR 147 Way v The Queen [2004] NSWCCA 131 Anderson v The Queen [2008] NSWCCA 211 R v MLP [2006] NSWCCA 271 R v MMK (2006) 164 A Crim R 481 R v XX [2009] NSWCCA 115 Arnaouto v The Queen (2008) 191 A Crim R 149 Jagou & Ors [2009] NSWCCA 167 Blackman and Waters [2001] NSWCCA 121
PARTIES:	Regina Michael Roberson aka Michael Luke
FILE NUMBER(S):	2009/00042534
SOLICITORS:	Ms Kemp - Director of Public Prosecutions Mr Karim - Offender (ALS)