R v Ngata [2023] NSWDC 434

District Court New South Wales

Medium Neutral Citation: R v Ngata [2023] NSWDC 434 Hearing dates: 13 October 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Nimilote Ngata is convicted. 2 Taking into account the discount for the plea of guilty, I impose a term of imprisonment of 4 years with a non-parole period of 18 months to date from 13 October 2022. The non-parole period will expire on 12 April 2024 and the head sentence will expire on 12 October 2026. 3 The offender will be eligible to apply for parole on 12 April 2024. Catchwords: CRIME — Violent offences — Robbery in company Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Legge v The Queen [2007] NSWCCA 244 R v Henry (1999) 46 NSWLR 346 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Nimilote Ngata (Offender) Representation: Counsel: I Todd (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Zahr Partners (Offender) File Number(s): 2022/241842 Publication restriction: None

JUDGMENT

Introduction 1. Nimilote Ngata (the offender) appears for sentence after pleading guilty in the Local Court to an offence of robbery in company contrary to s 97(1), Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment.

Approach to Sentencing 1. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ). 2. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act. 3. The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.