R v Drollet [2021] NSWDC 27

District Court New South Wales

Medium Neutral Citation: R v Drollet [2021] NSWDC 27 Hearing dates: 20 January 2021 Decision date: 19 February 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [105] Catchwords: Multiple offences of aggravated larceny; offence of steal from person. Aggregate sentence; parity with co‑offender Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R 168 A Crim R 41; [2007] NSWCCA 1 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Moore v R [2005] NSWCCA 407 Ranse v R (unreported) 8 August 1994 NSWCCA R v Atonio (2005) 154 A Crim R 183 R v Henry (1999) 46 NSWLR 346 R v Pullen [2018] NSWCCA 264 Category: Sentence Parties: Director of Public Prosecutions (Crown) Maryanne Lillian Rita Drollet Representation: Counsel: M Valentin (Offender)

Solicitors: J Todhunter (Crown) File Number(s): 19/390819 Publication restriction: Nil

remarks on sentence 1. The offender is being sentenced having entered pleas of guilty to three charges of aggravated steal from person, pursuant to s 95(1) of the Crimes Act 1900 (Sequences 5, 6 and 9) and one charge of steal from person, pursuant to s 94 of the Crimes Act 1900 (Sequence 8). 2. The offences pursuant to s 95(1) of the Crimes Act 1900 carry a maximum penalty of 20 years imprisonment. There is no Standard Non-Parole Period proscribed. 3. The offence pursuant to s 94 of the Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. There is no Standard Non-Parole Period. 4. The offender has asked that two matters be taken into account on the Forms 1. Both are offences pursuant to s 154A(1)(b) of the Crimes Act 1900. The first, Sequence 7, is attached to the index offence in Sequence 5, and the second, Sequence 10 is attached to the index offence in Sequence 9. The offender has admitted her guilt in respect of both charges, and has asked that both be taken in to account on sentence. 5. The index offences were committed between 31 October 2019 and 11 December 2019 when the offender was arrested. She was in custody from 12 December 2019 to 16 April 2020, a period of 127 days, when she was granted Supreme Court bail. That bail was revoked on 15 October 2020 following subsequent offending, and she has been in custody since that date. 6. At the time of the offending the offender was subject to two Community Correction Orders imposed on 15 May 2019 for a period of 12 months each for offences of drive whilst disqualified, which were committed on 5 February 2019 and 2 March 2019 respectively. 7. A co-offender, Braden Kerr, was sentenced in respect of three offences of aggravated steal from person pursuant to s 95(1) of the Crimes Act 1900, one offence of steal from person pursuant to s 94(b) of the Crimes Act 1900, and an offence of take/drive conveyance without consent of owner pursuant to s 154A(1)(a) of the Crimes Act 1900, together with two matters taken into account on Forms 1, to an aggregate sentence of 5 years and 6 months with a non-parole period of 3 years and 11 months commencing on 5 August 2020. Mr Kerr was sentenced by Judge King SC on 29 October 2020.