R v Robinson [2020] NSWDC 837

District Court New South Wales

Medium Neutral Citation: R v Robinson [2020] NSWDC 837 Hearing dates: 20 November 2020 Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Term of imprisonment of 4 years and 10 months with a non-parole period of 2 years and 5 months. Catchwords: SENTENCING — Subjective considerations on sentence — Special circumstances – Intoxication – Mental illness SENTENCING — Relevant factors on sentence — Circumstances of offence — General and specific deterrence CRIME — Violent offences — Assault causing death Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1 Pattalis v R [2013] NSWCCA 171 R v Garth No 2 [2017] NSWDC 471 R v Imbornone [2017] NSWCCA 144 R v Johnson (No 5) [2017] NSWSC 1169 R v Wood [2014] NSWCCA 184 R v Yardley [2019] NSWCCA 291 Category: Sentence Parties: Regina (Crown) Zaine Robinson (Offender) Representation: Counsel: K Tennant (Crown) P Stitz (Offender)

Solicitors: D Harvey, ODPP NSW (Crown) C Murnane, Legal Aid NSW (Offender) File Number(s): 2018/341141

Judgment 1. Zaine Robinson, 22 years of age, appears for sentence in relation to one offence of assault causing death pursuant to s 25A(1), Crimes Act 1900 (NSW). The prescribed maximum penalty for that offence is 20 years imprisonment. There is no prescribed standard non-parole period. 2. The offender pleaded guilty on 6 December 2019 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has also consented to this Court dealing with breaches of two Maitland Local Court bonds. 4. The offender has been in custody bail refused since 6 November 2018, the date of his arrest. Accordingly, the sentence imposed today will be backdated to commence on that date.