R v Manias [2020] NSWDC 542

District Court New South Wales

Medium Neutral Citation: R v Manias [2020] NSWDC 542 Hearing dates: 9 April 2020 Decision date: 15 April 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences of imprisonment: 2019/143341 001 – 6 months 002 – 6 months 003 – 6 months 004 – 6 months 2019/217865 001 – 6 months 002 – 2 months 2019/148990 002 – 1 year 2019/00279683 001 – 3 years after 25% discount Aggregate sentence: Convicted. Special circumstances found – age, 1st time in custody, need for a longer period of parole to assist with reintegration into the community and treatment and/or counselling in re drug and alcohol abuse. Sentenced to a term of imprisonment for 3 years and 6 months comprising a NPP of 2 years and 3 months to commence on 7 September 2019 and to expire on 6 December 2021, and a balance of term of 1 year and 3 months to commence on 7 December 2021 and to expire on 6 March 2023. File to be marked "Referred to Drug Court – CDCC." Catchwords: CRIME - robbery armed with an offensive weapon – breaches of Community Correction Orders – common assault, contravene AVO, larceny, goods in personal custody suspected being stolen (not m/v), destroy or damage property - subjective matters - aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 (NSW) Cases Cited: BP v The Queen [2010] 201 A Crim R 379; (2010) NSWCCA 159 Kentwell v The Queen (2014) 252 CLR 601 R v Henry & Ors [1999] 46 NSWLR 346 R v Thomson; R v Houlton [2000] 49 NSWLR 383 Yildiz v The Queen [2020] NSWCCA 69 Category: Sentence Parties: Regina Isaac Manias Representation: Counsel: Defence: Mr M Fokkes