NCJ Number
219990
Date Published
June 2007
Length
183 pages
Annotation
This exploratory study of sentences for robbery in New South Wales (Australia) focused on the 3-year period after the sentencing guideline judgment in R v. Henry (May 12, 1999-May 11, 2002), which identified the seven characteristics of the common armed robbery case that warrants a term of between 4 and 5 years of full-time custody.
Abstract
The "Henry" guideline has provided consistency in sentencing for robbery offenses under Section 97 of New South Wales' Crimes Act 1900. This consistency was evident in the way in which judges indicated that deterrence was the main purpose of sentencing for this offense, assessed the wide variations in the objective and subjective features of the case, and applied the starting range suggested in "Henry" in order to arrive at an appropriate sentence in an individual case. Although differences were found in sentences depending on the statute provision under which each case fell, in all jurisdictions, robbery custodial sentences were shorter at the higher end of the sentencing range relevant to the particular jurisdiction. The majority (85.2 percent) of those sentenced for a robbery offense under Section 97 received a full-time custodial sentence. These sentences ranged from 12 months to 15 years, with a median sentence of 4 years. The median sentence was at the lower limit of the "Henry" range of 4-5 years. Almost all of the cases involved a finding of special circumstances (94 percent). Data on robbery cases were obtained for New South Wales higher courts, the Local Court, and the Children's Court. All robbery sentencing appeal cases before the Court of Criminal Appeal in the time frame of the study were examined if they related to section 97 offenses. 21 tables, 4 figures, and an 88-item bibliography