R v Gomes [2022] NSWDC 375

District Court New South Wales

Medium Neutral Citation: R v Gomes [2022] NSWDC 375 Hearing dates: 18 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [25] Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37, 249 CLR 571 Category: Sentence Parties: Regina (Crown) Gomes (Offender) Representation: Magni Solicitor for the Director of Public Prosecution NSW Brady Solicitor for the Legal Aid Commission of NSW File Number(s): 2021/00177257 Publication restriction: Unrestricted

REASONS ON SENTENCE 1. The offender appears for sentence for one offence namely aggravated robbery with the aggravation being inflicting actual bodily harm. The offence has a maximum sentence of 20 years imprisonment. There is no standard non-parole period. I take the maximum sentence into account as the legislative guidepost as to the seriousness of the offence to aid me in determining the appropriate sentence. 2. By way of the form one procedure the offender asked that two further matters be taken into account. That procedure allows for greater weight to be given to the elements of personal deterrence and the community's entitlement to extract retribution for serious offences. 3. The offender was arrested and taken into custody on 21 June 2021 and on 17 November 2021 for an unrelated matter received a seven-month term of imprisonment. Thus for the approximate 14 months he has now been in custody seven is attributable to that other offending. It will be necessary for the start date of this sentence to be determined and it will need to be some date between 21 June 2021 and 20 January 2022.