R v Pallister [2023] NSWDC 643

District Court New South Wales

Medium Neutral Citation: R v Pallister [2023] NSWDC 643 Hearing dates: 10 March 2023 Date of orders: 10 March 2023 Decision date: 10 March 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a term of imprisonment of 5 years with a non-parole period of 2 years to date from 27 December 2022. The non-parole period will expire on 26 December 2024 and the head sentence will expire on 26 December 2027. 3 The offender will be eligible to be released on parole on 26 December 2024. Catchwords: CRIME – robbery armed with an offensive weapon CRIME – disposing of stolen property Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 Legge v The Queen [2007] NSWCCA 244 R v Henry (1999) 46 NSWLR 34 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Gavin Pallister (Offender) Representation: Counsel: S Tam (Crown) D Bhutani (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) AA Criminal Lawyers (Offender) File Number(s): 2022/79176 Publication restriction: None

JUDGMENT 1. Gavin Pallister (the offender) appears for sentence after pleading guilty in the Local Court to the offence of robbery armed with an offensive weapon, contrary to s 97(1) Crimes Act 1900 (NSW). The maximum penalty for the offence is 20 years imprisonment. 2. The offender also asks the Court to take account the offence of disposing of stolen property where the stealing amounts to a serious indictable offence, contrary to s 188(1) Crimes Act 1900, on a Form 1 schedule.