R v Malupo [2021] NSWDC 586

District Court New South Wales

Medium Neutral Citation: R v Malupo [2021] NSWDC 586 Hearing dates: 28 October 2021 Decision date: 29 October 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [79]. Catchwords: CRIME – SENTENCE – aggravated – assault with intent to rob – recklessly inflict ABH in company – resist arrest. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Drug Misuse & Trafficking Act 1985 Road Transport Act 2013 Summary Offences Act 1988 Cases Cited: Azzi v R [2008] NSWCCA 169 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v Saadieh [2021] NSWSC 1186 Georgopolous v R [2010] NSWCCA 246 Moore v R [2005] NSWCCA 407 R v Henry & Ors (1996) 46 NSWLR 346 The Queen v De Simoni (1981) 147 CLR 383 Category: Sentence Parties: Director of Public Prosecutions (Crown) Siosiua Malupo (Offender) Representation: Counsel: M. Ainsworth (Offender)

Solicitor/Trial Advocate: L. Hawke (Crown) File Number(s): 2020/00321122 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender has pleaded guilty to an offence of aggravated (in company) assault with intent to rob and recklessly inflict actual bodily harm in company pursuant to s 95(1) of the Crimes Act 1900. The offence occurred on 7 November 2020 and the co-offender was Hussein Nasrallah, the brother in-law of the offender. The offender was arrested on 10 November 2020 and has been in custody since that date. 2. The maximum penalty prescribed for an offence pursuant to s 95(1) of the Crimes Act 1900 is 20 years imprisonment. There is no standard non-parole period. 3. The offender has asked that a further matter be taken into account on a Form 1, namely, an offence of resist arrest pursuant to s 58 of the Crimes Act 1900. The maximum penalty for that offence is five years imprisonment. The offender has acknowledged his guilt in respect of that matter, and has asked that the matter be taken into account on sentence. 4. The co-offender, Nasrallah, was listed for sentence hearing on the same date, however, his matter has been adjourned.