R v Matangi [2022] NSWDC 228

District Court New South Wales

Medium Neutral Citation: R v Matangi [2022] NSWDC 228 Hearing dates: 17 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose an aggregate term of imprisonment of 3 years with a non-parole period of 18 months to date from 5 September 2021. The non-parole period will expire on 4 March 2023 and the head sentence will expire on 4 September 2024. The offender will be eligible to be released on parole on 5 March 2023. Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Legge v The Queen [2007] NSWCCA 244 R v Henry (1999) 46 NSWLR 346 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Director of Public Prosecutions Fonua Matangi (Offender) Representation: Counsel: D Mulligan (Offender)

Solicitors: ODPP Criminal Defence Lawyers File Number(s): 2021/188681 2021/117220 Publication restriction: None

Judgment 1. Fonua Matangi (the offender) appears for sentence after pleading guilty in the Local Court to the following charges: 1. on 22 November 2020 – robbery with an offensive weapon, contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment; and 2. on 19 April 2021 – robbery with an offensive weapon, contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment. 1. The offender also asks the Court to take into account on a Form 1 when dealing with the offence of 22 November 2020, assault with intent to rob, and when dealing with the offence of 19 April 2021, common assault.