R v EDEN [2021] NSWDC 623

District Court New South Wales

Medium Neutral Citation: R v EDEN [2021] NSWDC 623 Hearing dates: 13 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see [69]-[73] Catchwords: CRIME – armed robbery with wounding – plea of guilty – co-offender lured victim to home via Facebook – offender threatened victim with a knife to throat – intentional wounding SENTENCING – guideline judgment of Henry – limited criminal history – Bugmy factors – remorseful – good prospects of rehabilitation Legislation Cited: Children (Criminal Proceedings) Act, 1987 Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Clark-Jeffries v R [2019] NSWCCA 56 Dungay v R [2020] NSWCCA 209 Locke v R (2010) 207 A Crim R 34 R v Carroll [2008] NSWCCA 218 R v Dodd 57 A Crim R 349 R v Henry & Ors (1999) 46 NSWLR 346 R v Tuala [2015] NSWCCA 8 Category: Sentence Parties: Regina Hayden Eden Representation: Counsel: Ms T Warwick (for the Offender)

Solicitors: Mr A Dixon, Office of Director of Public Prosecutions Ms K Bolas, Kim Bolas Legal Group (for the Offender) File Number(s): 2020/159322 Publication restriction: No

Judgment 1. The offender was committed for sentence from the Wagga Wagga Local Court on 14 April 2021 in respect of the following charge contrary to s 98 of the Crimes Act, 1900: "(That he) on 30 March 2018 in Ashmont in the State of New South Wales being armed with an offensive weapon namely a knife robbed Peter Morris of approximately $55 in Australian currency the property of Peter Morris and immediately before that robbery wounded Peter Morris". 1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 13 October 2021. Accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. 2. The maximum penalty for the offence is 25 years imprisonment. Parliament has specified a standard non-parole period of 7 years in respect of the offence. The maximum penalty and the standard non-parole period indicates the seriousness with which the Parliament views the offence.