NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Mizzi [2025] NSWDC 6 Hearing dates: 24 October 2024, 24 January 2025 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: [104] Catchwords: CRIME — violent offences — robbery in company SENTENCING — aggravating factors — vulnerable victim — mitigating factors — not part of a planned or organised criminal activity — plea of guilty — deprived upbringing – mental health — co-offenders — intensive correction order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Baden v R [2020] NSWCCA 23 DC v R [2023] NSWCCA 82 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 Giles-Adam v R; Preca v R [2023] NSWCCA 122 Kennedy v R [2022] NSW CCA 215 Mandranis v R [2021] NSWCCA 97 Miller v R [2015] NSWCCA 86 Muldrock v The Queen (2011) 244 CLR 120 R v Henry (1999) 46 NSWLR 346 R v Millwood [2012] NSWCCA 2 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Category: Sentence Parties: Crown, Kynan Mizzi Representation: Crown: Ms C Deibe Offender: Ms F Raphael File Number(s): 2023/00345348 Publication restriction: Nil
Judgment 1. The offender pleaded guilty to the following offence: 1. Sequence 1 – Robbery in company. 1. The plea of guilty was adhered to on the sentence hearing. 2. The offence carries a maximum penalty of 20 years imprisonment with no standard non-parole period. The maximum penalty for the offence is an indication of its seriousness, and acts as a sentencing guidepost or reference point. 3. Admitted on behalf of the Crown were the following: 1. Charge certificate 2. Agreed facts 3. CCTV of incident (USB) 4. Criminal History 5. Custodial History 6. Sentencing Assessment Report 1. Admitted on behalf of the offender was the following: 1. Affidavit of Christine Mizzi dated 4 October 2024 2. Affidavit of Tatiana Mizzi dated 15 October 2024 3. Exhibit O3 – Letter of Kaydie Buchan dated 11 October 2024 4. Exhibit O4 – Report of Dr Karen Scally dated 26 August 2024
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