R v Steele [2021] NSWDC 75

District Court New South Wales

Medium Neutral Citation: R v Steele [2021] NSWDC 75 Hearing dates: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence to be served by way of intensive correction order. For Orders see [54] – [58] Catchwords: Multiple offences; robbery in company; young offender; immature offending Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Summary Offences Act 1988 Cases Cited: Howard v R [2019] NSWCCA 109 Pearce v R (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 Yildiz v R [2020] NSWCCA 69 Category: Sentence Parties: Director of Public Prosecutions (Crown) Asher Steele (Offender) Representation: Counsel: J Trevallion (Offender)

Solicitors: M Rogers (Crown) File Number(s): 19/351185 Publication restriction: Nil

remarks on sentence 1. The offender, who was born in May 2001, is to be sentenced in respect of the following five offences: H74833251/2 – armed with intent to commit an indictable offence pursuant to s 114(1)(a) of the Crimes Act 1900. This offence occurred on 6 November 2019 and the maximum penalty proscribed is 7 years imprisonment. H74833251/5 – robbery in company pursuant to s 97(1) of the Crimes Act 1900. This offence occurred on 6 November 2019 and the maximum penalty proscribed is 20 years imprisonment. H74833251/7 – custody of knife in a public place (first offence) pursuant to s 11C Summary Offences Act 1988. This offence occurred on 6 November 2019 and the maximum penalty proscribed is 2 years imprisonment and/or a fine of $2,200.00. H74833251/8 – assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900 This offence occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment. H74833251/9 – assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900. This offence also occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment. There is no Standard Non-Parole Period proscribed for any of the offences. 1. The offender was arrested on 7 November 2019 and was in custody in respect of the index offences from 7 November 2019 until 24 April 2020, a period of 5 months and 18 days. 2. He then spent a period of 1 month and 3 days on strict bail conditions including a curfew.