R v NOLAN; R v ILIEVSKI; R v KWU [2021] NSWDC 202

District Court New South Wales

Medium Neutral Citation: R v NOLAN; R v ILIEVSKI; R v KWU [2021] NSWDC 202 Hearing dates: Trial: 28 July 2020 – 8 September 2020 Sentence: 11 December 2020 Decision date: 01 February 2021 Jurisdiction: Criminal Before: King SC DCJ Decision: Nolan: Convicted on each count. 005 Sentenced to a fixed term of imprisonment for 20 months to commence on 18 September 2013 and expire on 17 May 2015. 004 Sentenced to a term of imprisonment for 14 years with a NPP of 9 years commencing on 24 December 2015 and expiring on 23 December 2024, on which date he will become eligible for parole, and a balance of term of 5 years to commence on 24 December 2024 and expiring on 23 December 2029. 001 – s166 matter to be withdrawn and dismissed. Ilievski: Convicted of each offence. Indicative sentences of imprisonment: 2014/380418/001 (5% discount) 4 years 9 months – NPP 3 years, 6 months, 2 weeks 2015/186493/021 (5% discount) 4 years 9 months – NPP 3 years, 6 months, 2 weeks 2013/246237/004 (No discount) 14 years Aggregate sentence: Sentenced to a term of imprisonment of 16 years with a NPP of 10 years and 6 months to commence on 10 January 2018 and to expire on 9 July 2028 upon which date he will become eligible for parole, and a balance of term of 5 years and 6 months to commence on 10 July 2028 and to expire on 9 January 2034. Kwu: Convicted on each count. 004 Sentenced to a fixed term of imprisonment for 20 months to commence on 22 October 2016 and to expire on 22 June 2018. 003 Sentenced to a term of imprisonment for 14 years with a NPP of 9 years to commence on 22 February 2017 and to expire on 21 February 2026 on which date he will become eligible for parole, and a balance of term of 5 years to commence on 22 February 2026 and to expire on 21 February 2031. Catchwords: CRIMINAL – Sentence – all 3 offenders: aggravated robbery, being armed with a dangerous weapon – Nolan & Kwu: drive or be carried in a conveyance – Ilievski: 2 offences of aggravated break and enter and commit a serious indictable offence in company, to wit larceny – circumstantial Crown case – history of trial - 3rd retrial of offences in re armed robbery & be carried in conveyance – delay – roles of offenders – context – background & association between offenders – police surveillance – forensic evidence - alibi – seriousness of offences – firearms offences - parity –ceiling principle re past sentence - impact of armed robbery and effect on those present – specific deterrence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Henry v R [1999] NSWCCA 111 Huynh v R [2006] NSWCCA 224, Ilievski v R, Nolan v R [2018] NSWCCA 164 Imbornone v R [2017] NSWCCA 144 Kwu v R [2019] NSWCCA 75 Lewin v R [2017] NSWCCA 65 PH v R [2017] NSWCCA 79 R v Gilmore [1979] 1 A Crim R 416 R v Dougan [2006] ACR 135 R v Lane (no 4) [2018] NSW SC 1898 R v Readman (1990) 47 A Crim R 181 R v Solomon [2005] NSWCCA 158 R v Youkhana [2004] NSWCCA 412 Tarrant v R [2007] NSWCCA 124 Veen v R (No. 2) [1988] HCA 14 Category: Sentence Parties: Regina NOLAN, Shane Lawrence ILIEVSKI, Tony KWU, Muhammad Dean Representation: Counsel: Crown: Mr T Abdulhak Nolan: Mr M Juhasz Ilievski: Mr G Wendler Kwu: Mr D Stewart