R v ELLIS [2022] NSWDC 112

District Court New South Wales

Medium Neutral Citation: R v ELLIS [2022] NSWDC 112 Hearing dates: 8 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: 1. The offender, having been found guilty by a jury of the offence under section 94(a) is convicted of that offence. 2. The offender is sentenced to a term of imprisonment of two years to date from 14 April 2022 and expiring 13 April 2024. That sentence is to be served by way of the imposition of an intensive correction order with conditions (See Judgement) 3. The offender is convicted of the three charges under section 10 of the drugs misuse and trafficking act. 4. In respect of each charge, a community correction order of 12 months is imposed on the standard conditions Catchwords: CRIME — Violent offences — Robbery CRIME — Drug offences — Possess prohibited drug Legislation Cited: Crimes Act 1900 (NSW) Drugs Misuse and Trafficking Act 1995 (NSW) Cases Cited: Lai v R [2021] NSWCCA 217 Karout v R [2019] NSWCCA 253 Blanch [2019] NSWCCA 304 Category: Sentence Parties: Regina (Crown) Ellis (Offender) Representation: Morters SC Counsel for the DPP Segal Counsel for the Accused File Number(s): 2020/00257051 Publication restriction: Unrestricted

Reasons on sentence 1. Keysha Ellis appears for sentence having been found guilty by a jury on one count under section 94(a) of the Crimes Act that on 5 August 2020 she did rob David Metcalf of $480 cash and an amount of prescription medication. The maximum sentence for that offence is 14 years imprisonment. I take that maximum penalty into account as the legislative guidepost to assist in arriving at the appropriate sentence. There is no standard non-parole period. 2. There are no matters to be dealt with by way of the form 1 procedure. There is however a section 166 certificate in respect of three related offences. Each of those offences is of possessing drugs on 3 September 2020. The drugs were 2 g of cannabis, .2 g of alprazolam and .52 g of methylphenidate. Each of those matters is an offence under section 10(1) of the Drugs Misuse and Trafficking Act and in respect of which in each case there is a maximum penalty of two years imprisonment and or 20 penalty units. 3. The offender was arrested on 3 September 2020 and was released on bail. No time has been spent in custody. 4. There is a co-offender namely Daniel Ashenhurst. He is the father of the offender's three children and the offender and co-offender have been in a long term relationship the status of which is not entirely clear. An apprehended domestic violence order has been made with the offender as the person in need of protection and the co offender the defendant. The co-offender was convicted of the more serious charge under section 97 (1) of being armed with an offensive weapon namely a knife to commit the robbery in question. The maximum sentence for that offence Is 20 years. He received a sentence of 39 months imprisonment with an 18 month non-parole period.