R v Andrews [2020] NSWDC 515

District Court New South Wales

Medium Neutral Citation: R v Andrews [2020] NSWDC 515 Hearing dates: 8 July 2020 Date of orders: 8 July 2020 Decision date: 08 July 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Term of imprisonment of 5 years and 7 months with a non-parole period of 3 years Catchwords: CRIME — Violent offences — Armed robbery — Dangerous weapon Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: R v Henry [1999] 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Blake Andrews (Offender) Representation: Solicitors: Mr J MacMillan (Crown) Mr D Gibbons (Offender) File Number(s): 2019/00254092 Publication restriction: Nil

Judgment 1. Blake Victor Andrews, 22 years of age, appears for sentence in relation to one offence of robbery armed with a dangerous weapon (firearm), an offence pursuant to s 97(2), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is 25 years imprisonment. 2. The offender pleaded guilty to that offence at Wyong Local Court on 7 April 2020. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody bail refused since his date of arrest, 15 August 2019. Since that time, he has served a non‑parole period of six months in relation to an unrelated matter. That non‑parole period dated between 9 December 2019 and expired on 8 June 2020. 4. He is also serving a revocation of an intensive corrections order and was ordered to serve a balance of nine months, three weeks and four days. That revocation is from 15 August 2019 and also expired on 8 June 2020. Accordingly, the offender has been in custody solely in relation to this offence since 8 June 2020. I will say more later in my remarks about the appropriate commencement date for the sentence.