Blackman; Walters [2001] NSWCCA 121

• Crown appeal against suspended sentence for offence of armed robbery dismissed in view of exceptional circumstances
• Case for each respondent included evidence each had achieved substantial rehabilitation including use of delay between offence and arrest to break away from criminal associates: at [42]

[45] This has particular relevance for the present case. His Honour was, in my view, entitled to find that the position of each respondent was wholly exceptional, and that each had achieved a remarkable level of rehabilitation. Additionally, as I have previously noted, it was only by reason of their admissions, that their guilt could ever have been established. Moreover, if they had been sentenced to full time custody, they would have been at considerable personal risk by reason of the assistance given, which would have made their detention arduous and limited their opportunity to participate in the kinds of rehabilitation programs that would have been appropriate for young offenders. There was every reason to suppose that to send them to gaol would have been more likely to turn them towards a criminal way of life, than to maintain the degree of rehabilitation which each had, of his own effort and initiative, achieved. (emphasis added)