R v Cooper [2022] NSWDC 682

District Court New South Wales

Medium Neutral Citation: R v Cooper [2022] NSWDC 682 Hearing dates: 24 May 2022 Date of orders: 03 June 2022 Decision date: 03 June 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify a term of imprisonment of imprisonment of 4 year 6 months with a non-parole period of 2 years 4 months Catchwords: CRIME — Violent offences — Robbery intentionally inflicting actual bodily harm SENTENCING — Penalties — Imprisonment Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Callaghan v R [2006] NSWCCA 58 Tepania v R [2018] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Clayton Cooper (Offender) Representation: Jason Lee (Solicitor for the ODPP) Daniel Thomas (Solicitor for the Offender)

Director of Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) Limited (Offender) File Number(s): 2021/00214478

REVISED EX TEMPORE JUDGEMENT

SENTENCE

AUDIO VISUAL LINK COMMENCED AT 9.34AM 1. This is the judgement on sentence for Clayton Cooper. Reference is 2021/00214478. Mr Thomas is on the screen, as is Mr Cooper from his place of confinement, and Mr Lee appears on behalf of the Crown.

INTRODUCTION 1. Clayton Cooper appears for sentence upon one charge. The matter was listed for hearing on 24 May 2022 when I was due to preside at the Bega sittings of the Court but held over in Sydney awaiting a verdict. The hearing was conducted remotely using AVL facilities between the courts in Sydney and Bega. After evidence and submissions, the hearing was adjourned to be concluded in Bega today, June 3, 2022.