R v BARTHOLOMEW [2021] NSWDC 307

District Court New South Wales

Medium Neutral Citation: R v BARTHOLOMEW [2021] NSWDC 307 Hearing dates: 18 June 2021 Date of orders: 9 July 2021 Decision date: 09 July 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced to an aggregate sentence of 5 years and 3 months with a non-parole period of 3 years and 4 months Catchwords: Sentence – Armed Robbery of taxi driver – two counts – Henry Guideline – breach of conditional liberty – offences committed days after release to parole – Offender receives little assistance when released Legislation Cited: Crimes Act 1900 Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Henry & Ors (1999) 46 NSWLR 346 Qoro v R [2020] NSWCCA 276 Dungay v R [2020] NSWCCA 209 Veen v The Queen (No 2) (1988) 164 CLR 465 Valentine v R [2020] NSWCCA 116 Bugmy v The Queen [2013] HCA 37 Locke v R (2010) 207 A Crim R 34 White v R [2016] NSWCCA 190 Texts Cited: 2020/262344, 2020/262519 Category: Sentence Parties: Regina Alex Steven BARTHOLOMEW Representation: Counsel: Ms C Mendes for the Offender

Solicitors: Mr S Baumgarten, for the Director of Public Prosecutions File Number(s): 2020/262344, 2020/262519 Publication restriction: No

Judgment 1. The offender was committed for sentence from the Wagga Wagga Local Court on 10 March 2021 in respect of two charges, namely that: 1. (He) on the 7th day of September 2020 at Kooringal in the State of New South Wales did rob Danny Kelly of certain property (namely) $245 cash, coin till, wallet and driver's license the property of Danny Kelly whilst being armed with an offensive weapon, namely a knife, contrary to s 97(1) of the Crimes Act 1900 and further 2. (He) on the 9th day of September 2020 at Kooringal in the State of New South Wales did rob Thomas Pearce of certain property (namely) $220 cash, the property of Thomas Pearce whilst being armed with an offensive weapon, namely a knife, contrary to s 97(1) of the Crimes Act 1900. 1. The pleas of guilty were adhered to at the sentence hearing at the Wagga Wagga District Court on 18 June 2021 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty. 2. The maximum penalty for both offences is 20 years imprisonment. There is no standard non-parole period. However as the offences are offences of armed robbery the Guideline Judgment in R v Henry & Ors (1999) 46 NSWLR 346 will need to be considered.