Parsons; Poore [2002] NSWCCA 296

• Crown appeal against sentence of periodic detention for offence of armed robbery dismissed
• Case for each respondent included evidence of difficult and deprived childhood – found no error in Sentencing Judge taking into account impact of incarceration in light of this background:

[53] The judge said, amongst other things:

“…if I sentence either of these young men to full time custody the awful problems that they have had in their lives thus far will be compounded and they will be in an absolutely hopeless situation…”

…

[66] I do not think that that observation, in the context, evidences the error suggested. It is a comment consistent with Yardley v Betts (1979) 22 SASR 108 at 112-3 which was referred to by Wood CJ at CL in Blackman and Walters at para 44 with evident approval (para 45). It is not irrelevant to take into account the effect which a sentence is likely to have.