R v Lin [2021] NSWDC 70

District Court New South Wales

Medium Neutral Citation: R v Lin [2021] NSWDC 70 Hearing dates: 4 February 2021 Date of orders: 4 February 2021 Decision date: 04 February 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of two years and four months to be served by way of Intensive Correction Order. Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon CRIME — Custody of prohibited weapon CRIME — Property offences — Goods in custody Legislation Cited: Crimes Act 1900 (NSW) s 97(1) Weapons Prohibition Act 1998 (NSW) s 7(1) Crimes (Sentencing Procedure) Act 1996 (NSW) s 3A Cases Cited: Bullock v The Queen [2016] NSWCCA 131 BP v The Queen [2010] NSWCCA 159 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Director of Public Prosecution (Crown) Kyle Lin (Offender) Representation: Counsel: Mr J Chin (Crown) Mr J Kalantar (Offender)

Solicitors: File Number(s): 2020/7408 Publication restriction: Nil

SENTENCE

Introduction 1. The offender, Mr Lin, pleaded guilty in the Local Court and adhered to those pleas before me to the following offences. The first being that on 4 January 2020, in Redfern, he attempted to rob Lorna Zhou of money whilst being armed with an offensive weapon, namely what appeared to be a car key. That is an offence under s 97 subs (1) of the Crimes Act and it carries a maximum of 20 years imprisonment. There is no applicable standard non-parole period. 2. The second offence is an offence that on the same date he possessed a prohibited weapon, namely a flick knife, with a nine centimetre blade without being authorised to do so by a permit. That offence is an offence under s 7 subs (1) of the Weapons Prohibition Act and has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of five years. The offender acknowledges his guilt in relation to an offence of goods in custody, the amount being $7,971.05 and asks that I take that into account when imposing the sentence on possess prohibited weapon offence. 3. In the circumstances of that offence here, the offence on the Form 1 does not have a significant impact upon the sentence I will impose on the prohibited weapon offence.