A non-custodial sentence for aggravated robbery under s 95 of the Crimes Act 1900 (NSW) will only be justified in the most exceptional personal circumstances. Where a Crown appeal establishes error but the offender has commenced a non-custodial sentence and demonstrated positive rehabilitation, the residual discretion not to intervene may be exercised to avoid the double jeopardy and hardship of re-sentencing to custody.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.