R v Leal [2020] NSWDC 810

District Court New South Wales

Medium Neutral Citation: R v Leal [2020] NSWDC 810 Hearing dates: 7 October 2020 Decision date: 07 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of three years four months. Non parole period of two years. Catchwords: CRIME- robbery while armed with a dangerous weapon SENTENCING - relevant factors on sentence - early guilty plea - on parole – prior offending of similar type - background of disadvantage – substance abuse problems - multiple mental health issues - crossroads case - special circumstances - release to parole must be earned Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Trevor Leal (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)

Solicitors: Legal Aid NSW (for the offender) Mr L McGonigal (for Director of Public Prosecutions) File Number(s): 2020/00062097

SENTENCE – ex tempore revised

Introduction 1. On 25 February 2020 Trevor Leal and his friend Michael Black committed a serious crime - robbery while armed with a dangerous weapon. As a consequence, Leal, who was on parole at the time, has had his parole revoked and is facing another lengthy sentence with a maximum penalty of 25 years imprisonment. As a consequence of his arrest and imprisonment, Michael Black is now dead. He was stabbed to death in the AVL room of a gaol. 2. Judges are told time and time again to impose harsh sentences for armed robbery offences in an attempt to deter people such as Leal and Black from committing such offences. Sentencing Judges must give effect to principles of general deterrence. But time and time again they also note that for people like Leal and Black, who do not think through the consequences of their actions, their pronouncements, and those of the NSW Court of Criminal Appeal, seem to fall on deaf ears. 3. This is because Leal, like his friend the late Mr Black, did not think through the consequences of their actions beyond their short sighted action of disguising themselves and going to, in this case, a Post Office, to confront the shop attendant with weapons. As will become clear, like many other offenders, Leal was not particularly capable of thinking through the consequences of his actions. 4. The two men were caught that afternoon because a community-minded citizen alerted police to suspicious activity he noted at the home where they retreated following the robbery. Leal was arrested almost immediately. He has been in custody ever since and he will spend a further period in custody.