R v Lawrence [2021] NSWDC 445

District Court New South Wales

Medium Neutral Citation: R v Lawrence [2021] NSWDC 445 Hearing dates: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 6 years 3 months. Non parole period of 3 years 7 months. Catchwords: CRIME - Robbery in company causing grievous bodily harm - bag snatch – victim dragged by vehicle SENTENCING - Relevant factors on sentence – late guilty plea - substantial harm to victim – deprived background of offender - institutionalised offender - unable to lead a normal community life after long periods in gaol - special circumstances - need for supervised and structured return to the community Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v Henry [1999] NSWCCA 111 (1999) 46 NSWLR 346 Tepania v R [2018] NSWCC 247 Category: Sentence Parties: Gregory Lawrence (the offender) Director of Public Prosecutions Representation: Counsel: Ms C Doosey (for the offender)

Solicitors: Aboriginal Legal Service (NSW/ACT) (for the offender) Mr M Rollestone (for Director of Public Prosecutions) File Number(s): 2019/00031341

sentence – ex tempore revised

Introduction 1. Gregory Lawrence was born in 1983. He was raised by his mother and maternal grandparents; Kamilaroi people from northern New South Wales. While he received love, attention and support from them, there are matters in his background which made him more prone to take up an abuse of illicit drugs. He was in some trouble as a young man and was sent to gaol in 2011. 2. Not long after his release, he committed more serious offences and a six year gaol sentence was imposed. The judge fixed a three year non‑parole period. The material before me indicates that after his release to parole he had trouble adjusting to normal community life. He was in and out of gaol. His parole was due to expire in April 2019 but on 26 August 2018 he committed the offence which brings him before this Court. 3. All the material before me indicates that he was not keeping to his promise to be of good behaviour. He had again relapsed into the abuse of illicit drugs. The present offence was committed so he could obtain funds for drugs. The offence was committed despite the efforts that he had made to put his life in order. Tragically, the crime he committed led to serious injuries being inflicted upon his victim. 4. Not long after he committed this offence he was arrested for other matters. He has been in and out of custody ever since. He last returned to custody on 10 April 2021 and this sentence should start from that date. 5. I must take into account his custodial history. It shows a continuing disobedience to the law but it also indicates, tragically, that since he first went to gaol in 2011, he has, as a consequence of that custody and other matters to which I will refer, never really had an opportunity to live a normal community life. Tragically for his victim and himself, that opportunity will have to be postponed for some time.