R v Robertson [2023] NSWDC 426

District Court New South Wales

Medium Neutral Citation: R v Robertson [2023] NSWDC 426 Hearing dates: 22 September 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime imprisonment. For orders see [50]. Catchwords: CRIME – aggravated break and enter commit serious indictable offence. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 R v Fernando (1992) 76 A Crim R 58 R v Henry (1999) A Crim R 149; [1999] NSWCCA 111 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Director of Public Prosecutions (the Crown) Chad Junior Robertson (offender) Representation: Counsel: Mr E Anderson

Solicitors: Mr Strainer (the Crown) File Number(s): 22/46311 Publication restriction: Nil.

REMARKS on SENTENCE 1. The offender is to be sentenced in respect of an offence pursuant to s 112(2) of the Crimes Act 1900 of aggravated break and enter commit serious indictable offence. The maximum penalty prescribed is 20 years imprisonment and there is a standard non-parole period of 5 years imprisonment. 2. The offence occurred on 13 February 2022 and the offender was arrested on 16 February 2022. At the time of the offence the offender was on bail for two offences which occurred on 2 February 2021 of assault occasioning actual bodily harm in company of others and steal from person value less than $2,000. For those offences an aggregate sentence was imposed of 2 years and 9 months with a non-parole period of 1 year and 3 months commencing on 5 October 2021 and terminating on 4 January 2023. The offender has therefore been in custody for the index offence only since 5 January 2023. 3. The index offence was committed in company with three co-offenders who are referred to below. This is the circumstance of aggravation in the charge.