R v Isaia [2023] NSWDC 389

District Court New South Wales

Medium Neutral Citation: R v Isaia [2023] NSWDC 389 Hearing dates: 20/7/23 Date of orders: 20/7/23 Decision date: 20 July 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years with a NPP of 2 years 6 months (18/5/22-17/11/24). I find special circumstances. The indicative sentences are (taking into account a 25 percent discount): Seq 1 Robbery armed with dangerous weapon – 3 years 6 months Seq 2 Damage property – 3 months Seq 3 AOABH in company – 13 months Seq 4 Intimidation – 4 months I make the orders sought in the Consent Order signed by me today. In relation to the breach of the CCO for H8071774/1 (Drive whilst licence cancelled) – I revoke the CCO but I take no further action. Catchwords: Crime – Sentence – Robbery armed with a dangerous weapon – Damage property – AOABH in company - Intimidation Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Henry [1999] 46 NSWLR 346 Category: Sentence Parties: NSW DPP – Crown Sene Isaia - Offender Representation: Mr Hooper for Crown Mr F Coyne for Offender File Number(s): 22/143888

remarks on sentence – ex tempore (revised) 1. Sene Isaia is for sentence in relation to four offences to which he has entered pleas of guilty. Those being sequence 1 robbery whilst armed with a dangerous weapon for which the maximum penalty is 25 years imprisonment; sequence 2 which is an offence of damaging property, namely a mobile telephone which carries a maximum penalty of five years imprisonment; sequence 3 which is an offence of assault occasioning actual bodily harm in company which carries a maximum of seven years imprisonment; and sequence 4 an offence of intimidation which carries a maximum penalty of five years imprisonment. The maximum penalties are of course important guideposts in the sentencing exercise to which I have had regard. 2. The offender pleaded guilty at the earliest opportunity and I therefore intend to allow a 25% discount on account of the utilitarian value of those pleas.