NSW Caselaw
New South Wales District Court
CITATION: R v Craig John Drew [2006] NSWDC 190
HEARING DATE(S): 4/7/06, 10/7/06 & 11/7/06
JUDGMENT DATE: 8 December 2006
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted of 3 offences of robbery with offensive weapon (Counts 1,2 & 4).; Sentenced to 3 yrs to expire 17/6/08. Set additional term of 1 year to expire on 17 June 2009.; Count 3 - Convicted of offence at Mortlake being armed with offensive weapon assaulted Christopher Pascal with intent to rob and wound Christopher Pascal – sentenced to a NPP 4 years to date 18/6/06 and to expire 17 June 2010. ; Set additional term of 2 years 17 June 2011.
CATCHWORDS: Criminal Law - Sentencing - after trial - robbery being armed with offensive implement (x3), assault with intent to rob being armed with offensive implement, with wounding - objective criminality - standard non parole period - reasons for not applying - role of victim impact statements - special circumstances.
LEGISLATION CITED: Crimes (Sentencing Proceedings) Act 1989
R v Gladue [1990] 1 S.C.R. 688 at 80 R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1NSWLR 594 CASES CITED: R v Hayes [1984] 1 NSWLR 740) R v Rause Unreported NSWCCA 8th Aug 1992 R v Buttworth [1983] 1 NSWLR 658 at 625 1 NSWLR 658 at 625 per O'Brien CJ of Cr D R v Henry (1999) 46 NSWLR 346
PARTIES: Regina Craig John Drew
FILE NUMBER(S): 11/01/2005
COUNSEL: Offender: B. Glennon Cr: S. Apps
Subject to Crown Appeal to the Court of Criminal Appeal SENTENCE 1 HIS HONOUR: This case more clearly than many others reveals the savage consequences undisciplined drug addiction imposes upon both victim and offender. Regrettably, many members of society are addicted to drug or alcohol but they are able to exercise sufficient discipline to keep their addiction within the limits of their budget and/or the confines of their home. Where addiction triumphs over established social boundaries and taboos, what is otherwise a personal health problem becomes antisocial criminal conduct.
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