R v LEROY [2023] NSWDC 457

District Court New South Wales

Medium Neutral Citation: R v LEROY [2023] NSWDC 457 Hearing dates: 20 October 2023 Date of orders: 16 November 2023 Decision date: 16 November 2023 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see paragaphs [69] - [74] Catchwords: CRIME – SENTENCING – robbery whilst armed with gel blaster – service station – committed whilst on parole for earlier offence - co-offender accessory after the fact identified offender to police – plea of guilty - significant mental health and substance abuse issues Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v the Queen [2013] HCA 37 Di Simoni v The Queen DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Moiler v R [2021] NSWCCA 73 Moiler v R [2021] NSWCCA 73 R v Di Simoni (1981) 147 CLR 383 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Rex Zack LEROY Representation: Counsel: Mr P Kerr for the Director of Public Prosecutions Mr J Leaver for the Offender

Solicitors: Ms G McKenzie, Office of the Director of Public Prosecutions Ms T Mudditt, Legal Aid Commission of NSW File Number(s): 2022/00270306, 2023/00113988 Publication restriction: No

Judgment 1. The offender was committed for sentence from the Local Court at Wagga Wagga on 23 June 2023 in respect of a charge that he: On 31 August 2022 at Junee in the State of New South Wales, did rob Mark Jennings and Vanessa George of certain property, namely $647.15 and a cash register the property of Vantage Fuels Pty Ltd whilst being armed with an offensive weapon, namely a gel blaster. 1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 20 October 2023 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. 2. The offence for which the offender appears for sentence is contrary to s 97(1) of the Crimes Act, 1900 and carries a maximum penalty of 20 years imprisonment. Although there is no standard non-parole period specified in respect of the offence the Court will need to consider the Guideline Judgment in R v Henry & Ors (1999) 46 NSWLR 346. 3. The offender asks that when passing sentence, the court takes into account a charge of Dishonestly Obtain Financial Advantage by Deception contrary to s 192E(1)(b) of the Crimes Act which attaches to a Form 1 document. In passing sentence I will need to apply the principles enunciated by the Court of Criminal Appeal in The Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No 1 of 2002, otherwise known as the Guideline Judgment on Form 1 matters reported (2002) 56 NSWLR 156. That matter will have some impact on the ultimate sentence to be imposed but that impact will essentially be minimal.