R v Bonnell [2020] NSWDC 270

District Court New South Wales

Medium Neutral Citation: R v Bonnell [2020] NSWDC 270 Hearing dates: 22 May 2020 Decision date: 04 June 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [94] Catchwords: Multiple offences of robbery in company, assault with intent to rob in company, armed with intent to commit indictable offence; young offender; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Summary Offences Act 1988 Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Howard v R [2019] NSWCCA 109 Pearce v R (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 R v Salieb [2005] NSWCCA 85 Yildiz v R [2020] NSWCCA 69 Category: Sentence Parties: Director of Public Prosecutions (Crown) Luc Bonnell (Offender) Representation: Counsel: M Johnston (Offender)

Solicitors: A Brown (Crown) M Taylor (Offender) File Number(s): 19/351195 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following offences to which he has entered pleas of guilty: 1. H323326994/3 – Custody of knife in public place (first offence), pursuant to s 11C Summary Offences Act 1988. The offence occurred on 6 November 2019 and the maximum penalty proscribed is 2 years imprisonment and/or a fine of $2,200. 1. H323326994/6 – Robbery in company pursuant to s 97(1) of the Crimes Act 1900. The offence occurred on 6 November 2019 and the maximum penalty proscribed is 20 years imprisonment. 1. H3233326994/7 – Armed with intent to commit an indictable offence pursuant to s 114(1)(a) of the Crimes Act 1900. The offence occurred on 6 November 2019 and the maximum penalty proscribed is 7 years imprisonment. 1. H323326994/11 – Assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900. The offence occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment. 1. H323326994/12 – Assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900. This offence also occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment. 1. There is no Standard Non-Parole Period proscribed for any of the offences. 2. The offender has asked to have the following charges dealt with on a Form 1: 1. H323326994/8 – stealing from person pursuant to s 94(b) of the Crimes Act 1900. This Form 1 is attached to Sequence 6 above. The offender has admitted his guilt in respect of this offence. 2. H323326994/10 – Common assault pursuant to s 61 of the Crimes Act 1900. This Form 1 is attached to Sequence 7 above. The offender has also admitted his guilt in respect of this offence. 1. The offender was arrested on 7 November 2019 and has been in custody since his arrest.