R v ZA [2022] NSWDC 403

District Court New South Wales

Medium Neutral Citation: R v ZA [2022] NSWDC 403 Hearing dates: 16 and 17 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 2 years and 3 months with a non-parole period of 6 months. Catchwords: CRIME — Violent offences — Robbery — Assault occasioning actual bodily harm Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Bugmy v R [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Ozan v R [2021] NSWCCA 231 Postiglione v R (1997) 189 CLR 295 Category: Sentence Parties: Crown (Regina) ZA (Offender) Representation: Solicitors: Ms A Gunn (ODPP) Mr S Ogilvy (Offender) File Number(s): 2021/00026935 Publication restriction: Nil

Judgment 1. The offender ZA, 21 years of age, appears before Gosford District Court for sentence in relation to the following offences: 1. Robbery, an offence pursuant to s 94A, Crimes Act. The maximum prescribed penalty for that offence is 14 years imprisonment. There is no prescribed standard non-parole period; 2. Assault occasioning actual bodily harm, an offence pursuant to s 59(1), Crimes Act. The maximum prescribed penalty for that offence is five years imprisonment. There is no prescribed standard non-parole period; 3. An offence on a s 166 certificate of possess prohibited drug, an offence pursuant to s 10(1), Drug Misuse and Trafficking Act. The maximum prescribed penalty for that offence is two years imprisonment. 1. The offender pleaded guilty on 26 November 2021 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 2. The offender has been in custody since his date of arrest, being 29 January 2021. Whilst in custody he has served a number of sentences as follows: 1. A total term of two years six months with a non-parole period of one year three months, to date from 29 January 2021, the non-parole period to expire on 28 April 2022. 2. A fixed term of 12 months to date from 29 January 2021, expiring on 28 January 2022. 3. He has also served a sentence as a result of a revocation of an Intensive Correction Order, the balance of term being 10 months one week and five days from 29 January 2021 until 10 December 2021. 1. I will say more later in my remarks in relation to the commencement date for the sentence being imposed today.