District Court
New South Wales
Medium Neutral Citation: R v WILLIAMS; R v ROBERTS [2014] NSWDC 374 Hearing dates: 07/08/2014 and 10/10/2014 Decision date: 28 November 2014 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Roberts -
Indictment: Count 1 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years.
Count 2 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years.
Other charges: Sentenced to a term of imprisonment of 4 years with a non parole period being 2 years and 9 months.
Sentenced to a term of imprisonment of 3 years and 6.
Williams –
Indictment: Count 1 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months
Count 2 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months
Other Charges: - Sentenced to a term of imprisonment of 4 years and 6 months with a non parole period being 3 years and 3 months
2nd Indictment - Count 1 - Sentenced to a term of imprisonment of 3 years with a non parole period being 1 year
Count 2 - Sentenced to a term of imprisonment of 2 years with a non parole period being 1 year
S166 Certificate – related charges - - Sentenced to a term of imprisonment of 6 months.
Pursuant s.10A Crimes (Sentencing Procedure) Act, 1999 no penalty is recorded.
Catchwords: Criminal – Sentence, armed robbery with a dangerous weapon, Aboriginal offenders, parity, "social exclusion" and racism, standard non-parole period. Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900Cases Cited: Lowe v R [1984] HCA 46
R v Blackman & Walters [2001] NSWCCA 121
Bugmy v R [2013] HCA 37
R v Callaghan (2006) 160 A Crim R 145
DPP (Cth) v De La Rosa [2010] NSWCCA 194
R v Engert (1995) 84 A Crim R 67
Jackson v R [2010] NSWCCA 162
Jimmy v R (2010) 77 NSWLR 540
Moffitt v R (1990) 20 NSWLR 114
Muldrock v R (2011) 244 CLR 120
Munda v Western Australia ([2013] HCA 38
Pearce v R (1998) 194 CLR 610
Postiglione v R [1997] HCA 26
R v Fernando ((1992) 76 A Crim R 58
R v Henry (1999) 46 NSWLR 346
R v Millwood [2012]
SS v R [2009] NSWCCA 114
Veen (No 2) v The Queen (1988) 164 CLR 465
R v Lewis [2014] NSWSC 1127Category: Sentence Parties: Crown
Matthew Thomas Williams - Offender
Shaun Michael Roberts - OffenderRepresentation: Counsel:
Mr King – Williams
Solicitors:
Director of Public Prosecutions – Crown
Aboriginal Legal Service - Offenders
File Number(s): Williams – 2013/313422; 277453; 313291 Roberts – 2013/264487; 335084; 341559
sentence
INTRODUCTION
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HIS HONOUR: Two men appear before me for sentence today. They are Shaun Roberts who was born on 8 April 1991…
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- AGLC
- R v Williams; R v Roberts [2014] NSWDC 374
- Case
- [2014] NSWDC 374
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the appropriate application of sentencing principles to ensure that the sentences reflected the gravity of the offences while also considering the defendants' backgrounds. The court had to evaluate whether the standard non-parole periods for armed robbery with a dangerous weapon were applicable or if they should be adjusted in light of the offenders' socio-economic backgrounds and the systemic issues contributing to their offending behaviour. Additionally, the court needed to address the defendants' extensive criminal histories and the principle of parity, which required that similar offences be met with similar sentences.
The court deliberated on the necessity to impose sentences that would serve the purposes of deterrence, retribution, and rehabilitation, while also acknowledging the systemic disadvantages faced by Aboriginal offenders. The sentencing judge took into account the aggravating factors of the offences, the use of a dangerous weapon, and the defendants' previous criminal records. However, the court also recognised the importance of addressing the broader social issues impacting the defendants' lives, such as social exclusion and systemic racism. Ultimately, the court determined that while the standard non-parole periods were a starting point, adjustments were necessary to reflect the unique circumstances of the offenders. The sentences imposed sought to balance the need for punishment with an acknowledgment of the defendants' disadvantaged backgrounds.
The final orders of the court specified the sentences for each count of the indictments against both defendants, with adjustments to the non-parole periods where appropriate. Williams and Roberts were each sentenced to terms of imprisonment with non-parole periods reflecting the court's consideration of both the seriousness of the crimes and the defendants' socio-economic circumstances.
Orders
Orders of the court
Roberts -
Indictment: Count 1 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years.
Count 2 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years.
Other charges: Sentenced to a term of imprisonment of 4 years with a non parole period being 2 years and 9 months.
Sentenced to a term of imprisonment of 3 years and 6.
Williams –
Indictment: Count 1 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months
Count 2 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months
Other Charges: - Sentenced to a term of imprisonment of 4 years and 6 months with a non parole period being 3 years and 3 months
2nd Indictment - Count 1 - Sentenced to a term of imprisonment of 3 years with a non parole period being 1 year
Count 2 - Sentenced to a term of imprisonment of 2 years with a non parole period being 1 year
S166 Certificate – related charges - - Sentenced to a term of imprisonment of 6 months.
Pursuant s.10A Crimes (Sentencing Procedure) Act, 1999 no penalty is recorded.
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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