R v Brayden Stephens [2022] NSWDC 213

District Court New South Wales

Medium Neutral Citation: R v Brayden Stephens [2022] NSWDC 213 Hearing dates: 23, 24 and 25 March 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [45] Catchwords: CRIMINAL LAW –– Robbery while armed with dangerous weapon – Organised meet to purchase drugs – Unidentified male emerged from bushes with firearm – Offender and unidentified male pursued person supplying drugs on foot but were unsuccessful – Offender approached the victim armed and robbed him of his mobile phone SENTENCE –– Consideration of the impact of offender's drug addiction following previous trauma – offending aggravated pursuant to s 21A(2)(e) of the Crimes (Sentencing Procedure) Act 1999 (NSW) –Offender's prior antecedents did not justify leniency – Offending committed whilst on conditional liberty – Remorse not established – Reasonable prospects of rehabilitation found subject to the offender continuing to embrace treatment – Medium risk of re-offending – Features of this case fall outside the R v Henry guideline – Special circumstances found Legislation Cited: Crimes Act 1900 (NSW) s 97 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A Cases Cited: R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (the Crown) Brayden Stephens (the Offender) Representation: Mr D. Coulton (Counsel for the Crown) Ms E. Parkes (Solicitor for the Offender)

Solicitors: Director of Public Prosecutions (the Crown) Legal Aid NSW (the Offender) File Number(s): 2021/00009012 Publication restriction: Nil