R v DL [2020] NSWDC 365

District Court New South Wales

Medium Neutral Citation: R v DL [2020] NSWDC 365 Hearing dates: 27 March 2020 & 06 April 2020 Decision date: 06 April 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Sentence of imprisonment of 2 years to be served by way of Intensive Corrections Order Catchwords: CRIME — Violent offences — Armed robbery with wounding SENTENCING — Guidelines for sentencing — Applicable to juvenile offenders SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Penalties — Intensive correction orders Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Henry Guideline Judgement [1999] NSWCCA 111 R v Fernando (1996) 76 A Crim R 88 Category: Sentence Parties: Regina (Crown) DL (Offender) Representation: Mark Hay (Crown Prosecutor) Garry Jauncey (Counsel for the Offender)

Solicitors: Sarah Tait (Crown) Horst Merten (Mertens Lawyers) File Number(s): 2018/00092004 Publication restriction: No publication of the name of the Offender by reason of his status as a child for the purpose of the proceedings

EX TEMPORE REVISED JUDGEMENT

Introduction 1. DL was born in 2000 and will this year reach 20 years of age. He is before the Court for sentence for an offence contrary to s 96 Crimes Act 1900 expressed in the following terms, that he: "On the tenth day of March 2018 at Narrabri in the State of New South Wales robbed GK of a handbag containing an amount of Australian currency, a mobile phone, bank cards and other personal items, the property of GK, and at the time of the robbery used corporal violence on GK, and inflicted grievous bodily harm upon GK."