R v Trinh [2023] NSWDC 58

District Court New South Wales

Medium Neutral Citation: R v Trinh [2023] NSWDC 58 Hearing dates: 03 February 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify an aggregate sentence of imprisonment of 4 years 6 months with a non-parole period of 2 years 3 months Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Penalties — Drug Court — Eligibility for program Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Court Act 1998 Cases Cited: DPP Commonwealth v De La Rosa (2010) 79 NSWLR 1 R v Henry [1999] NSWCCA 111 Category: Sentence Parties: Rex (Crown) Andrew Trinh (Offender) Representation: Andrew Wright (Solicitor for the ODPP) Arjun Chhabra (Counsel for the Offender)

Director of Public Prosecutions (Crown) Austere Legal (Offender) File Number(s): 2022/00058448

Revised ex tempore JUDGeMENT

Introduction 1. Andrew Trinh pleaded guilty in the Local Court at the Downing Centre on 15 September 2022 to three offences contrary to section 97(1) Crimes Act 1900. These were: Sequence one, that he on 19 February 2022 at Ryde in the State of New South Wales robbed the Late-Night Chemist, shop 1/46 ‑ 48 Blaxland Road, Ryde of certain property namely, 16 boxes of oxycodone Mylan, and two boxes of oxycodone Sandoz, the property of the Late-Night Chemist whilst armed with an offensive weapon namely, a knife. Sequence two, that he on 26 February 2022 in Ryde in the State of New South Wales did rob Late Night Chemist, shop 1/46 ‑ 48 Blaxland Road, Ryde of certain property namely, $350 in cash, 16 boxes of oxycodone, and seven boxes of dexamphetamine, eight boxes of generic diazepam, the property of the Late-Night Chemist Ryde whilst being armed with an offensive weapon namely, a knife. Sequence three, that he on 28 February 2022 at East Ryde in the State of New South Wales did rob East Ryde Pharmacy, 6 Sager Place, East Ryde of certain property namely, twelve boxes of Endone, and five boxes of Targin oxycodone hydrochloride, the property of the East Ryde Pharmacy whilst armed with an offensive weapon being a knife.