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District Court 13 December 2016

R v Edwards

[2016] NSWDC 420

Assault & violenceTheft & property
CRIMINAL LAW SENTENCE FORM 1 ROBBERY BAG SNATCHING DAMAGE PROPERTY

Citation: R v Edwards [2016] NSWDC 420
Court: District Court of New South Wales
Date: 13 December 2016
Judge: Berman SC DCJ

Background

The offender, a 44-year-old Aboriginal woman, was sentenced for robbery by bag snatching, with two additional matters taken into account on a Form 1: malicious damage to property and larceny. At the time of the offences, she was on parole following a previous sentence for aggravated robbery.

The robbery occurred early on a Saturday morning in Surry Hills, when the offender pushed a woman to the ground and wrenched her handbag away. Shortly after, in nearby Redfern, the offender damaged two parked vehicles and stole items from one of them, including property belonging to the robbery victim. Police located her in an evidently intoxicated and mentally unwell state, and she was arrested.

The offender had experienced severe childhood trauma, including sexual abuse, family dysfunction rooted in intra-family discrimination based on skin colour, and the violent murder of her sister. She had a long history of drug and alcohol dependence beginning at age 13, significant mental illness (including paranoid delusions and auditory hallucinations), and an extensive prior criminal record.

  • What sentence was appropriate for a robbery committed while the offender was on parole, having regard to objective seriousness and the offender's subjective circumstances?
  • To what extent did the offender's deprived background and mental illness reduce her moral culpability and warrant a reduction in the sentence that would otherwise apply?
  • Whether general and personal deterrence remained relevant sentencing considerations given the offender's mental illness?
  • How to avoid double-counting the parole breach as both an aggravating factor and a basis for backdating the sentence?
  • Whether special circumstances existed justifying a variation to the standard ratio between the non-parole period and the head sentence?

Decision

Berman SC DCJ found the robbery, while not the most serious of its kind, was nonetheless a serious offence. Citing R v Ranse, his Honour emphasised that people are entitled to go about their daily lives without being robbed, and that the prevalence of bag-snatching offences is itself a reason to treat them seriously.

The court applied the principles from Bugmy v The Queen and R v Fernando, acknowledging that the offender's deprived upbringing, intergenerational trauma, and disadvantage had a material bearing on her moral culpability. Her mental illness, including paranoid delusions and auditory hallucinations, further reduced the weight to be given to general deterrence. However, personal deterrence remained significant, with his Honour noting that the offender ultimately bore responsibility for her own decision to resume drug use.

His Honour accepted the offender's remorse as genuine and was satisfied she understood the impact of her offending on the victims. Her antipsychotic medication, commenced in custody, had produced meaningful improvement. The ill health of her stepfather, for whom she provided care, was taken into account as making her time in custody harder, though it did not rise to the level of exceptional hardship.

Special circumstances were found to exist, based on the accumulation of the sentence upon the revoked parole sentence and the offender's complex mental health needs, which warranted a longer-than-standard parole period to support supervised rehabilitation. The sentence was backdated to 14 May 2016 to reflect the date her parole was revoked, ensuring no double-counting of that circumstance as an aggravating factor.

Orders Made

  • Sentenced to imprisonment with a non-parole period of 18 months and a head sentence of 3 years, backdated to commence 14 May 2016.
  • Non-parole period to expire on 13 November 2017, on which date the offender is to be released to parole.
  • Parole conditions imposed:
  • Supervision by the Probation and Parole Service.
  • Strict compliance with all prescribed medication.
  • Engagement with drug and alcohol counselling as directed.
  • Entry into and residence in a rehabilitation facility if required by the Probation and Parole Service.
  • Attendance at all appointments with mental health professionals as arranged or required.

Key Takeaways

  • The District Court confirmed that an offender's deprived background, consistent with the principles in Bugmy and Fernando, directly informs the assessment of moral culpability and may result in a materially lighter sentence than would otherwise be imposed.
  • Where an offender's mental illness is a significant feature of the offending, the weight given to general deterrence is reduced, though personal deterrence retains relevance.
  • A sentence accumulated on a revoked parole term must be backdated to the date parole was revoked to avoid the double-counting of the breach as both an aggravating circumstance and a sentencing factor.
  • Special circumstances can arise from the combination of accumulation on an existing sentence and an offender's complex mental health needs requiring extended post-release supervision and support.
  • Hardship to a third party from an offender's incarceration may be taken into account in the offender's favour, but only rises to the level of "exceptional hardship" warranting greater weight where supported by evidence.

Legislation and Cases Referenced

Cases:
- Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
- R v Fernando (1992) 76 ACrimR 58
- R v Ranse (unreported, NSWCCA, 8 August 1994)

Legislation:
No specific legislation was cited in the metadata or judgment text. The maximum penalty for robbery (14 years' imprisonment) was noted by reference to the applicable offence provision.