R v Bell and Cubby [2023] NSWDC 581

District Court New South Wales

Medium Neutral Citation: R v Bell and Cubby [2023] NSWDC 581 Hearing dates: 27/10/23 Date of orders: 27/10/23 Decision date: 27 October 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: BELL: Re Seq 4 Armed robbery – Convicted and sentenced to a term of imprisonment of 3 years 4 months with a NPP of 2 years (9/11/22-8/11/24). I find special circumstances. Form 1 and 25 percent discount taken into account. I direct that a copy of the psychological report in Exh A on sentence be sent to Justice Health and Corrective Services. CUBBY: Convicted and sentenced to an aggregate term of imprisonment of 5 years with a NPP of 3 years (10/9/22-9/9/25). I find special circumstances. Indicative sentences (25 percent discount taken into account): Seq 13 Break enter and steal – 2 years 10 months (Form 1 taken into account). Seq 12 Robbery – 2 years 11 months (Form 1 taken into account). Seq 9 Armed robbery – 3 years 2 months. Seq 8 Armed robbery – 3 years 5 months (Form 1 taken into account). I direct that a copy of the psychologist report in Exh A on sentence be sent to Justice Health and Corrective Services. I refer Mr Cubby to the Drug Court for consideration for admission to the Compulsory Drug Treatment Program. Catchwords: Crime – Sentence – Robbery armed with an offensive weapon – Break enter and steal Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney-General's application under s 37 of the Crimes (Sentencing Procedure Act) 1999 (No 1) (2002)56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 R v Millwood [2012] NSWCCA 2 Director of Public Prosecutions (Cth) v De La Rosa (2010) 273 ALR 324 BP v R [2010] NSWCCA 159 R v Henry and Others (1999) 106 A Crim R 149 Category: Sentence Parties: NSW DPP – Crown Jason Bell – Offender Zane Cubby - Offender Representation: Ms Shepherd for Crown Mr Ye for Cubby Ms Dalrymple for Bell File Number(s): 22/21978, 22/223930 Publication restriction: None