District Court
New South Wales
Medium Neutral Citation: R v Weismantel (No 3) [2015] NSWDC 227 Hearing dates: 1 October 2015 Date of orders: 01 October 2015 Decision date: 01 October 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Offender convicted
Sentence of imprisonment
Aggregate sentence imposed
Non-parole period of four years and six months commencing on 1 March 2014 and expiring on 31 August 2018
Further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 31 August 2022.
Special circumstances foundCatchwords: CRIMINAL LAW – Sentence – Take vehicle without consent, in company – At least two co-offenders – 87 year old victim – Planning, though not by offender – No violence, no explicit threat expressed, “kindly” – Vehicle used for two armed robberies in company – Co-offenders destroyed vehicle, offender not involved in destruction
CRIMINAL LAW – Sentence – Three robberies with offensive weapon, in company – Sawn-off shotgun and axe at first and second robbery; sawn-off shotgun, axe and walking stick at third – 3 co-offenders at each – First robbery, cinema, $506.50 – Second robbery, cinema patron, $90, licence, bank cards and personal papers – Third robbery, hotel, $3,873 and 3 packets of cigarettes – Planning, though offender merely “acquaintance or follower” –Sawn-off shotgun outside of category of weapon in guideline judgment Henry – Offender previously sentenced for armed robberies as juvenile and as adult – Parity – Co-offender (Roach) sentenced for these offences with one matter on Form 1 and other offences
CRIMINAL LAW – Sentence – Attempted robbery with offensive weapon, cause grievous bodily harm – Restaurant – Offender drug-affected – Grievous bodily harm not intended, but intentional act all that is required by statute
CRIMINAL LAW – Sentence – Aboriginal Australian – Disturbed childhood – Historical and continuing psychotic symptoms – Abused alcohol from age 12 – Abused drugs from age 14 – History of self-harm – Significant criminal history – Risk to community – Consultant forensic psychiatrist recommended high supervision upon release including admission into community-based drug and alcohol rehabilitation centre – Totality: need to avoid a crushing sentence – Special circumstances found – Discretion as to when to commence sentenceLegislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: Muldrock v The Queen [2011] HCA 39
R v Barker [2006] NSWCCA 20
R v Clinch (1994) 72 A Crim R 301
R v Henry (1999) 46 NSWLR 346
R v MAK [2006] NSWCCA 381
R v Thomson (2000) 49 NSWLR 383
R v Weismantel (No 3) [2015] NSWDC 213
R v Weismantel (No 1) [2015] NSWDC 122
Veen v The Queen No 2 [1988] HCA 14Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown)
Blake Weismantel (Offender)Representation: Counsel:
Solicitors:
Mr S Hughes (Crown)
Mr S Schaudin (Offender)
Director of Public Prosecutions (NSW) (Crown)
Sydney Criminal Lawyers (Offender)
File Number(s): 2014/11092014/94525 Publication restriction: No
Judgment
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HIS HONOUR: Blake Weismantel stands for sentence for five crimes. The first four of…
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- AGLC
- R v Weismantel (No 3) [2015] NSWDC 227
- Case
- [2015] NSWDC 227
- Decision Date
CaseChat Overview and Summary
The court examined the totality of Weismantel's offending, which involved three armed robberies and an attempted robbery, all committed in company and involving the use of dangerous weapons. Despite the severity of these offences, the court recognised that Weismantel's role was peripheral, and there was no violence or explicit threat expressed during the commission of the crimes. Additionally, the court took into account Weismantel's background, including a troubled childhood, a history of substance abuse, and mental health issues. The court found that these circumstances constituted special circumstances warranting consideration in the sentencing process. The court's reasoning was grounded in the need to balance the requirements of deterrence and retribution with the necessity of considering Weismantel's personal vulnerabilities and the potential for rehabilitation.
Concluding its deliberations, the court imposed an aggregate sentence of imprisonment, recognising the need for a sentence that reflects the seriousness of the crimes while also being mindful of Weismantel's personal circumstances. The sentence comprised a non-parole period of four years and six months, followed by a further period of imprisonment of four years. The court found special circumstances, allowing discretion as to when the sentence would commence. This decision balanced the need for public protection with the potential for Weismantel's rehabilitation and reintegration into society under appropriate supervision.
Orders
Orders of the court
Offender convicted
Sentence of imprisonment
Aggregate sentence imposed
Non-parole period of four years and six months commencing on 1 March 2014 and expiring on 31 August 2018
Further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 31 August 2022.
Special circumstances found
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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