R v Derbas [2023] NSWDC 62

District Court New South Wales

Medium Neutral Citation: R v Derbas [2023] NSWDC 62 Hearing dates: 2 February 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime custodial aggregate sentence. For orders see [74]. Catchwords: CRIME – sentence – aggravated robbery – aggravated enter dwelling with intent knowing people there – s166 related offence – drive motor vehicle during disqualification period – offence on Form 1 - custody of knife in public place. Legislation Cited: Crimes Act 1900 Crimes (Sentencing and Procedure) Act 1999 Road Transport Act 2013 Summary Offences Act 1988 Cases Cited: Chung v R [2017] NSWCCA 48 DPP (Cth) v De La Rosa (2010) 78 NSWLR 1; [2010] NSWCCA 194 Harris v R [2013] NSWCCA 296 Jackson v R [2010] NSWCCA 162 R v Cahyadi [2007] NSWCCA 1 R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R 149. Smith v R [2013] NSWCCA 209 Category: Sentence Parties: Ahmed Derbas (Offender) Director of Public Prosecutions (Crown) Representation: Counsel: Mr Crawford-Fish (Offender)

Solicitors: Ms Tam (Crown) File Number(s): 2021/108886 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender who was born on 17 February 1989 is to be sentenced in respect of the following offences to which he has pleaded guilty:- * Count 1 - aggravated enter dwelling with intent (knowing person present) pursuant to s111(2) of the Crimes Act 1900. The maximum penalty for this offence is 14 years imprisonment and there is no standard non-parole period prescribed. * Count 2 - robbery pursuant to s94(a) of the Crimes Act 1900. The maximum penalty for this offence is 14 years imprisonment and there is no standard non-parole period prescribed. 1. The offender has asked that a further charge be dealt with on a Form 1 as follows:- * Sequence 4 – custody of knife in public place an offence pursuant to s11C(1) of the Summary Offences Act 1988. The maximum penalty prescribed is 2 years imprisonment and/or 20 penalty units. 1. The offender has admitted his guilt in respect of that matter and asks that it be taken into account on sentence for Count 1. 2. The offender is also to be sentenced for an offence on a s166 certificate as follows:- * Sequence 3 – drive motor vehicle during disqualification period: second plus offence pursuant to s54(1)(a) of the Road Transport Act 2013. The maximum penalty for that offence is 12 months imprisonment and/or 50 penalty units. 1. Two further charges on the s166 certificate are to be withdrawn. 2. The index offences occurred between 17 and 19 April 2021. The offender was arrested on 19 April 2021 and has been in custody since that date. 3. At the time of the offending the offender was on parole. On 7 July 2020 he had been sentenced for an offence of dishonestly obtain property by deception to a term of imprisonment of 2 years to date from 13 December 2019 with a non-parole period of 1 year which expired on 12 December 2020. His parole was revoked on 17 April 2021.