R v Fuimaono [2023] NSWDC 41

District Court New South Wales

Medium Neutral Citation: R v Fuimaono [2023] NSWDC 41 Hearing dates: 2 February 2023 Date of orders: 3 March 2023 Decision date: 03 March 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime imprisonment. For orders see [66]. Catchwords: CRIME – sentence – assault with intent to rob – custody of knife in public place – Drug Treatment Correctional Centre Program recommendation. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Court Act 1998 Summary Offences Act 1988 Cases Cited: BP v R (2010) A Crim R 379; [2010] NSWCCA 159 Decision Restricted [2017] NSWCCA 60 R v Coleman (1990) 47 A Crim R 307 R v Heikkinen [2006] NSWCCA 50 Veen v R [No. 2] (1998) 164 CLR 465 Category: Sentence Parties: Ethan Fuimaono (Offender) Director of Public Prosecutions (Crown) Representation: Solicitors: Ms T Johnson (Offender) Mr J Rafeeq (Crown) File Number(s): 2022/117695 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender who was born on 28 November 1998 is being sentenced for two offences to which he has pleaded guilty, namely:- 1. Assault with intent to rob pursuant to s94(a) of the Crimes Act 1900; and 2. Custody of knife in a public place pursuant to s11C(1) of the Summary Offences Act 1988. 1. The offences occurred on 25 April 2022 and the offender has been in custody since that date. He has previously been sentenced by way of an aggregate sentence for two offences of aggravated robbery and inflict actual bodily harm and robbery armed with offensive weapon for which he was sentenced to a term of imprisonment of 4 years 6 months from 15 February 2019 with a non-parole period of three years which had expired on 14 February 2022. As a result of the commission of the index offences his parole was revoked as and from 25 April 2022 and that sentence expires on 14 August 2023. 2. The maximum penalty prescribed for the offence pursuant to s94(a) of the Crimes Act 1900 is 14 years imprisonment and the maximum penalty prescribed for the offence pursuant to s11C(1) of the Summary Offences Act 1988 is 2 years imprisonment and/or 20 penalty units. There is no standard non-parole period prescribed for either offence.