R v Matthews [2020] NSWDC 354

District Court New South Wales

Medium Neutral Citation: R v Matthews [2020] NSWDC 354 Decision date: 16 March 2020 Jurisdiction: Criminal Before: Payne DCJ Decision: Sentence of imprisonment for three years nine months, with a non-parole period of two years three months Catchwords: SENTENCING – armed robbery, Crimes Act 1900, s 97(1) – guidelines for sentencing – R v Henry (1999) 46 NSWLR 346 SENTENCING – aggravating factors – breach of conditional liberty SENTENCING – relevant factors on sentence – deterrence – moral culpability SENTENCING – subjective considerations on sentence – Aboriginal offenders – mental illness – special circumstances Legislation Cited: Crimes Act 1900, s 97(1) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v Henry (1999) 46 NSWLR 346 R v Murray (unrep, 11/9/86, NSWCCA) R v Thomson and Houlton (2000) 49 NSWLR 383 R v Valentini (1989) 46 A Crim R 23 Category: Sentence Parties: Regina (Crown) Bo Matthews (Offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender) File Number(s): 2019/95149

Judgment 1. In relation to this matter, Bo Matthews comes before the Court in respect of one offence. That offence is contrary to s 97(1) of the Crimes Act 1900. The maximum penalty prescribed for the offence is imprisonment for 20 years. There is no standard non-parole period. 2. He pleaded guilty to the offence at the earliest opportunity. He is entitled to a reduction of 25 percent for utilitarian considerations only. He adheres to his plea of guilty in this Court. I convict him of this offence. 3. In addition, he asks me to take into account two offences on a Form document. Those offences are as follows. 18 March 2019, larceny of cash from the Railway Hotel; 18 March 2019 at Gunnedah, malicious damage to a poker machine at the Railway Hotel. I will take those two offences into account when sentencing him. As the Crown notes, the two Form 1 offences ought to be taken into account. It is noted that they constitute separate criminality committed against a separate victim on another occasion five days prior. Weight must be given to the offences on the Form.