The R v Henry guideline judgment for armed robbery is to be regarded as applying to a late and not an early plea of guilty, so that an offender who pleads guilty at the earliest opportunity is entitled to a discount beyond the guideline range. A record of previous convictions under s 21A(2)(d) of the Crimes (Sentencing Procedure) Act 1999 (NSW) may not be used to increase the objective seriousness of the offence but may only be taken into account as relevant to retribution, deterrence and protection of society, and the sentencing judge must explain the manner in which it is used. The sentence for an offence in respect of which Form 1 offences are taken into account must reflect an increase attributable to those offences.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
4 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.