R v Nasovu; R v Muavou [2021] NSWDC 214

District Court New South Wales

Medium Neutral Citation: R v Nasovu; R v Muavou [2021] NSWDC 214 Hearing dates: 27 May 2021 Decision date: 28 May 2021 Jurisdiction: Criminal Before: Noman SC DCJ Decision: Sentence for Nasovu - Indicative sentences: Robbery at Hurstville: 2 years and 6 months imprisonment; Robbery at Narwee: 3 years imprisonment; Robbery at Penshurst: 3 years imprisonment. Sentence of 4 years imprisonment with a non-parole period of 2 years and 4 months non-parole period to date from 27 October 2020. Release to parole 26 February 2023. This is a variation of the statutory ratio to 58% to give effect to the finding of special circumstances. Release to parole 26 February 2023. Sentence is partially accumulated on the control order. Overall detention period of 4 years and 6 months with an overall non-parole period of 2 years and 10 months with a ratio of 62%. Sentence for Muavou - Indicative sentences: Robbery at Narwee: 2 years and 6 months imprisonment; Robbery at Penshurst: 2 years and 6 months imprisonment. Sentence of 3 years imprisonment with a non-parole period of 1 years and 9 months non-parole period to date from 30 July 2020. This is a variation of the statutory ratio to 58% to give effect to the finding of special circumstances. Release to parole 29 April 2022. Catchwords: SENTENCING – Robbery whist armed with an offensive weapon – in company – Parity – Special circumstances – breach of conditional liberty – drug use - remorse Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Category: Sentence Parties: Regina (Crown) Aporosa Nasovu (Offender) Moses Muavou (Offender) Representation: Counsel: Crown: Belcher Nasovu: Subeska Muavou: Webb File Number(s): Nasovu: 2020/125645; 2020/252966 Muavou: 2020/222840