R v Inglis [2023] NSWDC 453

District Court New South Wales

Medium Neutral Citation: R v Inglis [2023] NSWDC 453 Hearing dates: 6 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime custody. For orders please see [116]. Catchwords: CRIME – robbery armed with offensive weapon – assault occasioning actual bodily harm in company of others – accessory after the fact robbery in company. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Carroll v R [2015] NSWCCA 219 Chung v R [2017] NSWCCA 48 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 KT v R (2008) A Crim R 112; [2008] NSWCCA 51 Owens v R [2017] NSWCCA 16 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Henry (1999) A Crim R 149; [1999] NSWCCA 111 Category: Sentence Parties: Director of Public Prosecutions (Crown) Thayne Inglis (offender) Representation: Counsel: Mr J Leaver (offender)

Solicitors: Ms R Bianchino (Crown) File Number(s): 2022/183321 & 2022/322499 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender who was born on 9 January 2001 and is now aged 22 years is to be sentenced in respect of the following three matters to which he has entered early pleas of guilty in the Local Court:- 1. H89421066/1 – Armed robbery on 21 June 2022, an offence pursuant to s 97(1) of the Crimes Act 1900. The maximum penalty proscribed for this offence is 20 years imprisonment and there is no standard non-parole period. ("The Sydney offence") 2. H91564218/1 – Accessory after the fact robbery in company on 27 October 2022, an offence pursuant to s 97(1) of the Crimes Act 1900 with added modifier for accessory after the fact pursuant to s 349(2) of the Crimes Act 1900. The maximum penalty for this offence is 14 years imprisonment and there is no standard non-parole period. 3. H91564218/2 – Assault occasioning actual bodily harm in company of others on 27 October 2022, an offence pursuant to s 59(2) of the Crimes Act 1900. The maximum penalty for this offence is 7 years imprisonment and there is no standard non-parole period proscribed. If dealt with summarily, the maximum penalty is 2 years imprisonment and/or 50 penalty units. ("The Newcastle offences") 1. For reasons that are outlined below, because of the offender's past and subsequent criminal history, the offender has spent different periods of time in custody for each set of offences. The Sydney offence on 21 June 2022 was committed whilst the offender was on parole and also subject to an ICO imposed on 23 April 2021 until 10 August 2022. 2. As a result of that offending his parole was revoked and he was returned to custody until granted bail on 20 October 2022. The Newcastle offences occurred seven days later on 27 October 2022 and therefore were committed whilst he was on conditional liberty by way of breach of his bail and parole conditions. He has been bail refused since 28 October 2022.