NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Smoday [2023] NSWDC 287 Hearing dates: 14 April 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 5 years and 4 months with a non-parole period of 3 years and 2 months Catchwords: CRIME – Armed Robbery - Attempted Armed Robbery - Larceny SENTENCE – sentence after trial SENTENCE – relevant factors on sentence - objective seriousness - moral culpability reduced due to mental condition, deprived background and impact of trauma from sexual abuse as a child - impact of COVID Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Legge v R [2007] NSWCCA 244 Moodie v R [2020] NSWCCA 160 Nasrallah v R [2021] NSWCCA 207 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Sentence Parties: Benjamin Smoday (the offender) Director of Public Prosecutions (the Crown) Representation: Counsel: D Woodbury (for the offender)
Solicitors: A Hughes for the Crown (for Director of Public Prosecutions) Blaxland Criminal Law (for the offender) File Number(s): 2021/190525
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