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District Court 11 August 2014

R v Blundell

[2014] NSWDC 365

Assault & violenceTheft & propertyFirearms & weapons
CRIMINAL

Citation: R v Blundell [2014] NSWDC 365
Court: District Court of New South Wales
Date: 11 August 2014
Judge: Judge S Norrish QC

Background

The offender, a young man with limited prior experience before the courts, pleaded guilty to one count of robbery whilst armed under s 97(1) of the Crimes Act 1900. The offence occurred on 20 August 2013 at a Caltex service station in Young, New South Wales.

The offender and a younger co-offender, having spent the afternoon drinking and running out of money, set out with the intention of committing a break and enter. After wandering through the township, they decided instead to rob the service station. The offender carried a pinch bar; the co-offender was armed with a knife. The victim, a lone staff member who was closing the premises, was confronted and threatened. The offenders took approximately $500 cash and numerous packets of cigarettes before leaving. Closed-circuit television footage captured the entire event.

The offender was arrested on 7 November 2013 and remained in custody from that date. He had initially denied involvement when interviewed by police, but ultimately entered a guilty plea at the Local Court, which he maintained in the District Court.

  • What was the appropriate sentence for the armed robbery, having regard to the objective seriousness of the offence and the maximum penalty of 20 years imprisonment?
  • What discount should apply to reflect the utilitarian value of the early guilty plea?
  • Whether special circumstances existed justifying a variation in the standard ratio between non-parole period and balance of sentence.

Decision

Judge Norrish identified the offence as involving a planned criminal enterprise, carried out with weapons in circumstances that would have caused significant fear to the victim. The offender and co-offender participated equally in the robbery, both playing active roles. The court regarded the gratuitous smashing of a display stand near the end of the robbery as an unnecessary and intimidating use of force, even though the offender did not intend to strike the victim.

In mitigation, the court accepted that the offender was genuinely remorseful, had shown insight into the harm caused to the victim, and had been a straightforward witness during the sentencing hearing. His personal circumstances, including his father's support, his lack of significant prior criminality, and the context of alcohol consumption on the night, were taken into account. The court also noted that the co-offender appeared to be the more criminally experienced of the two, and that the offender was otherwise ill-suited to this type of conduct.

The court fixed a starting point of four years and six months imprisonment, reflecting the seriousness of the offence. A 25 per cent discount was then applied for the utilitarian benefit of the early guilty plea, consistent with the Court of Criminal Appeal's guideline in R v Thomson and Houlton, producing a total sentence of three years and four months.

The court found special circumstances under the Crimes (Sentencing Procedure) Act 1999, noting that the offender would require professional assistance to reintegrate into the community, including guidance around associations, possible drug rehabilitation, and employment. This justified extending the balance of sentence beyond the standard proportion, resulting in a non-parole period of one year and eight months and a balance of sentence of one year and eight months.

Orders Made

  • The offender was convicted of robbery whilst armed contrary to s 97(1) of the Crimes Act 1900.
  • Non-parole period of one year and eight months imprisonment, commencing 7 November 2013 and expiring 6 July 2015.
  • Balance of sentence of one year and eight months, expiring 6 March 2017.
  • Total sentence: three years and four months imprisonment.

Key Takeaways

  • A 25 per cent discount for the utilitarian benefit of an early guilty plea was applied in accordance with the Court of Criminal Appeal's guideline in R v Thomson and Houlton, reflecting the plea entered at the Local Court and maintained in the District Court.
  • Armed robbery of a lone worker using a physical weapon and threats, with deliberate planning and disguise, warranted a substantial starting-point sentence, here set at four years and six months before discount.
  • Special circumstances were established where a young offender with limited custodial experience required extended supervision on parole to address drug dependence, associations, and employment, justifying a longer balance of sentence relative to the non-parole period.
  • Gratuitous property damage during an armed robbery, even without physical injury to the victim, was treated as an aggravating feature going to the intimidatory nature of the conduct.
  • Genuine remorse, acceptance of responsibility, and credible evidence given on sentence were recognised as mitigating factors distinct from the discrete discount afforded for the guilty plea.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 97(1) (robbery whilst armed)
- Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases
- R v Thomson and Houlton [2000] NSWCCA 309 (guideline judgment on discount for guilty plea)
- The Queen v Henry (1999) 45 NSWLR 346
- R v Blackman and Walters [2001] NSWCCA 121
- Ponfield v The Queen [1999] NSWCCA 435
- The Queen v MA (2004) 145 A Crim R 434
- Veen (No 2) v The Queen (1988) 164 CLR 465