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District Court 11 February 2010

R v Beau LEGLISE

[2010] NSWDC 123

Assault & violenceTheft & property
CRIMINAL LAW SENTENCE SENTENCING ORDERS

Citation: R v Beau LEGLISE [2010] NSWDC 123
Court: District Court of New South Wales
Date: 11 February 2010
Judge(s): Finnane QC DCJ

Background

The offender, a young man born in 1989, appeared for sentencing on three charges arising from two separate robbery incidents on consecutive nights in April 2009. The first involved an aggravated robbery in Prince Alfred Park, during which a victim suffered a dislocated shoulder. The second and third charges arose from a robbery in company of two men in Darlinghurst approximately three hours later, involving threats of violence, offensive conduct, and theft of cash and personal items.

Critically, all three offences were committed while the offender was on bail for earlier charges, including assaulting a police officer and possessing implements for breaking into a motor vehicle. The Local Court had granted bail specifically to allow him to participate in a conference program aimed at diverting him from the criminal justice system.

The offender had a history of offending from around age fourteen, a low assessed IQ, diagnosed post-traumatic stress disorder, and a background that included being a victim of sexual assault. He had been drinking heavily on the nights in question and had limited recollection of the events. He pleaded guilty at the first opportunity and made admissions to police that enabled the second and third charges to be laid.

  • What head sentence and non-parole period were appropriate for three charges of aggravated robbery or robbery in company?
  • How should the aggravating factor of committing offences while on bail be reflected in the sentence?
  • What weight should be given to the offender's personal circumstances, including his youth, cognitive limitations, mental health, and genuine remorse?
  • What discount applied for the early guilty pleas?

Decision

Finnane QC DCJ identified the first offence as more serious than what the Henry guidelines describe as a typical robbery, because the victim suffered actual bodily harm in the form of a dislocated shoulder. However, the court accepted there was no evidence the offender intended to cause injury, and that the harm was not inflicted gratuitously.

The fact that all offences were committed while on bail was treated as a significant aggravating factor across all three charges. The court noted the particular irony that bail had been granted to facilitate a diversion program, rendering the offending a direct breach of that opportunity.

The offender received a 25 per cent sentencing discount for his early guilty pleas. His personal circumstances, including his troubled background, low IQ, PTSD diagnosis, expressed remorse (which the court found genuine), and positive conduct in custody, were weighed in mitigation. The court imposed concurrent sentences, noting the second and third offences arose from a single episode involving two victims present at the same time.

The court described the non-parole period as "exceptionally generous," reflecting both the mitigating factors and the prospects of rehabilitation, while expressly warning the offender of the consequences of reoffending.

Orders Made

  • On each of the three charges: a head sentence of four years imprisonment.
  • Non-parole period: one year and six months (described by the court as exceptionally generous).
  • Directed release date: 14 October 2010.
  • Recommendations made for the offender to continue work in the prison electrical repair workshop, to be classified as soon as possible, and to be returned to Bathurst Gaol where possible.
  • Recommendation that the offender be given access to drug and alcohol courses when vacancies become available.

Key Takeaways

  • Aggravated robbery resulting in actual bodily harm falls above the standard Henry guideline range, even where intent to injure is not established.
  • Committing offences while on bail is a significant aggravating factor, and its weight is heightened when bail had been specifically granted to facilitate diversion from custody.
  • A 25 per cent sentencing discount applied where the offender pleaded guilty at the first opportunity and made admissions that enabled additional charges to be brought.
  • Where two victims are robbed in the same episode, at the same time and place, concurrent rather than cumulative sentences may be appropriate.
  • Personal circumstances, including cognitive limitations, diagnosed mental health conditions, youth, and credible expressions of remorse, can support a materially reduced non-parole period, even where the objective seriousness of the offending is considerable.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW)
- Crimes Act 1900 (NSW), s 95(1) (aggravated robbery, maximum 20 years imprisonment)

Cases:
- R v Henry (1999) 46 NSWLR 346 (guideline judgment on robbery sentencing)