R v Luke [2022] NSWDC 401

District Court New South Wales

Medium Neutral Citation: R v Luke [2022] NSWDC 401 Hearing dates: 22 June 2022 Date of orders: 7 September 2022 Decision date: 07 September 2022 Jurisdiction: Criminal Before: Priestley SC, DCJ Decision: See [55 -56] Catchwords: CRIME — Property offences — Damaging property by Fire CRIME — Property offences — Larceny CRIME — Violent offences — Robbery with Offensive Weapon Legislation Cited: Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Graffiti Control Act 2008 (NSW) Cases Cited: Henry (1999) 46 NSWLR 346 De la Rosa [2010] NSWCCA 194 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Simpson (2001) 53 NSWLR 704 Texts Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ. Category: Sentence Parties: Regina (Crown) Luke (Offender) Representation: Hannah Crown Prosecutor for the Director of Public Prosecutions NSW Behan Solicitor Advocate Legal Aid Commission NSW for the Offender File Number(s): 2020/00272516, 2020/00272531, 2020/00272541 and 2020/00303908 Publication restriction: Unrestricted

Reasons on sentence 1. Stephen Anthony Luke appears for sentence in respect of six offences. Another 4 matters are to be dealt with by way of the Form 1 procedure. There are 3 matters on a Form 1 to be taken into consideration when sentencing for count 1 and a fourth Form 1 matter to be taken into account in relation to count 4. Those offences together with their maximum sentences are set out in the following table. None of the offences have a standard non-parole period.