R v Charters [2021] NSWDC 425

District Court New South Wales

Medium Neutral Citation: R v Charters [2021] NSWDC 425 Hearing dates: 8 July 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Full time custodial sentence imposed. Orders at [122] – [124] Catchwords: CRIME – sentencing following jury trial – robbery armed with a dangerous weapon – impersonating police office and purporting to exercise powers – parity – youth – addiction – rehabilitation Legislation Cited: Crimes Act 1900 (NSW) ss 97(2), 546D(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A(2), 21A(3), 21A(5AA) Cases Cited: Bugmy v The Queen [2013] HCA 27 Dang v R [2013] NSWCCA 246 Legge v R [2007] NSWCCA 244 Mustafa v R [2021] NSWCCA 164 R v Henry (1999) 46 NSWLR 346 R v Osenkowski (1982) 5 A Crim R 394 R v Valentini (1989) 46 ACR 23 Thomson & Houlton [2000] NSWCCA 309 Texts Cited: None Category: Sentence Parties: Regina (ODPP) Kelsey Charters (Offender) Representation: Counsel: Chris Allison (Solicitor-Advocate) (ODPP) Evan James (Offender)

Solicitors: ODPP Solicitor (ODPP) Ljupka Subeska (Offender) File Number(s): 2020/271503 Publication restriction: None

Judgment

Introduction 1. Kelsey Charters was born on 2 March 1996 and is now 25 years of age. She commenced using drugs of addiction at age 15. In 2018 she met her co-offender Jacob Perger. She was impacted by both these negative influences at the time she participated in the subject offending on 30 January 2019, then just 22 years of age. 2. The Offender appears for sentence after being found guilty by a jury in respect of the following 2 offences: 1. impersonating a police officer and purporting to exercise powers of a police officer with intent to deceive, in breach of s 546D(2) of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 7 years' imprisonment; and 2. robbery armed with a dangerous weapon, in breach of s 97(2) of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 25 years' imprisonment. 1. The maximum penalties applicable to these offences are guideposts for a sentencing judge, and reflect the seriousness with which the community, through Parliament, views the offending.