R v Zombori [2022] NSWDC 349

District Court New South Wales

Medium Neutral Citation: R v Zombori [2022] NSWDC 349 Hearing dates: 5 May 2022 and 10 August 2022 Date of orders: 10 August 2022 Decision date: 10 August 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [60] Catchwords: CRIME-Sentence – Robbery armed with an offensive weapon – five CCO's breached – called up – resentenced. Legislation Cited: Crimes Act 1900 s97(1) Crimes (Sentencing Procedure) Act Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Regina Zoe Lee Zombori Representation: Solicitors: Mr S Ogilvy (Legal Aid) Ms G Rowe (ODPP) File Number(s): 2021/211301 Publication restriction: None

Judgment

Introduction 1. The sentence hearing in this matter commenced on 5 May 2022 and was concluded today. 2. The offender is to be sentenced for a single offence of robbery armed with an offensive weapon, namely a knife blade, in breach of section 97(1) of the Crimes Act 1900. She is also to be sentenced for the breach of five Community Correction Orders (CCO) following the present offending. 3. The maximum penalty in respect of the primary offence is 20 years imprisonment. The maximum penalty is a guidepost for sentencing judges, reflecting the seriousness with which the community, through Parliament, regard the offending. There is no doubt that offending of this type is extremely serious. 4. The subject offending took place on 23 July 2021. On the same date the offender was arrested and placed into custody, bail refused. She has been in custody since that date. 5. On 2 November 2021, she was committed for sentence from Wyong Local Court, entitling her to a discount on sentence of 25% representing the utility of such a plea. A guilty plea is a mitigating factor upon sentence and entitles the offender to a reduction on sentence reflecting the assistance provided to the administration of justice in this State.