R v Russell [2020] NSWDC 869

District Court New South Wales

Medium Neutral Citation: R v Russell [2020] NSWDC 869 Hearing dates: 13/11/20, 16/11/20 Date of orders: 16/11/20 Decision date: 16 November 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 5 years with a NPP of 3 years 6 months (7/8/20-6/2/24). I find special circumstances. The indicative sentences are: Seq 1 Robbery – 2 years 9 months Seq 8 Robbery – 3 years (Form 1 taken into account) Seq 4 Take motor vehicle with occupant on board – 2 years 6 months with NPP 1 year 9 months. For seq 5 and 6 on the s166 certificate – s10A conviction but with no other penalty. For seq 7 on the s166 certificate – I impose a fixed term of imprisonment of 4 months to date from 7/8/20 I find that the offender is an "eligible convicted offender" and I refer the offender to the Drug Court for consideration as to whether he is eligible and suitable for the making of a Compulsory Drug Treatment Order. The report of Kris North dated 29/10/20 is to be provided to Corrective Services. Catchwords: Crime – Sentence – Robbery – Take motor vehicle with occupant onboard Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Court Act 1998 Cases Cited: R v Henry and Ors (1999) 46 NSWLR 346 R v Black [2001] NSWCCA 41 Bugmy v The Queen [2013] 249 CLR 571 Category: Sentence Parties: NSW DPP – Crown Damian Russell - Offender Representation: Mr Kanakaratne for Crown Mr Averre for Offender File Number(s): 20/6585, 20/70745