R v James [2022] NSWDC 66

District Court New South Wales

Medium Neutral Citation: R v James [2022] NSWDC 66 Hearing dates: 17 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 59 - 62 Catchwords: CRIME – sentence – robbery in company – reference of Bugmy principles and mental impairment to culpability – relevance of R v Henry guideline judgment – whether s 5 threshold crossed – whether sentence of imprisonment should be served by intensive correction Legislation Cited: Crimes Act 1900 (NSW) ss 95, 97 Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 66 Cases Cited: Owens v R [2017] NSWCCA 16 R v Henry (1999) 46 NSWLR 346 R v Murchie (1999) 108 A Crim R 482 Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions NSW Ms S James (offender) Representation: Counsel: Mr Burton for the offender

Solicitors: Ms Wheatley for the Crown File Number(s): 2021/00085301 Publication restriction: Nil

SENTENCING REMARKS 1. The offender is before the Court for sentencing following a plea of guilty to the offence that on 2 November 2020, at Haymarket, she robbed Cooper Evans (the victim) whilst in the company of others (Antoin Tumia and LB), contrary to s 97(1) of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 20 years' imprisonment. There is no standard non-parole period. 2. By reason of her guilty plea, it is accepted that she should receive a 25% discount on sentence. What the plea says about her remorse, or lack thereof, will be addressed when I turn to the offender's subjective circumstances.