R v TAKAI-TAUFU [2008] NSWDC 293

New South Wales District Court

CITATION: R v TAKAI-TAUFU [2008] NSWDC 293

JUDGMENT DATE: 13 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: SENTENCE- CRIMINAL LAW - particular offences - property offences - robbery - CRIMINAL LAW - particular offences - offences against the person - other offences against the person - assaults

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Antonio v R [2008] NSWCCA 213 CASES CITED: R v Henry [1999] NSWCCA 111 Pearce v The Queen [1998] HCA 57 R v Boulder [2008] NSWCCA 222

PARTIES: Regina Takai-Taufu

FILE NUMBER(S): 2008/11/0028; 2008/11/0092

COUNSEL: Mr Grogan (Crown)

SOLICITORS: Mr Voros (for the accused)

SENTENCE

1 The offender is before the Court for sentence in relation to two incidents.

2 On 26 June 2008, a jury found the offender guilty of three offences that occurred on 25 November 2005 at Marrickville.

i. Robbery in company. The victim was Albert Franklin. A black wallet and contents, including about a hundred dollars in cash was stolen. ii. Assault occasioning actual bodily harm to Mr Franklin; iii. Stealing a motor vehicle, the property of Mr Franklin.

3 The offender pleaded guilty in the Local Court and was committed for sentence for the offence or robbery in company on 12 May 2007 at Darlinghurst. The victim was ME. A mobile telephone, keys, credit card, driver's licence and cash were stolen.

4 The maximum available penalties are:

i. Robbery in company - twenty years imprisonment; ii. Assault occasioning actual bodily harm - five years imprisonment; iii. Steal motor vehicle - five years imprisonment. No standard non-parole period applies to any offence.