R v Sitiveni Ligaviu [2007] NSWDC 134

New South Wales District Court

CITATION: R v Sitiveni Ligaviu [2007] NSWDC 134

HEARING DATE(S): 1/12/06 & 2/2/07

JUDGMENT DATE: 23 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: CONVICTED.; 12 MONTHS NPP COMMENCE 26/9/06 EXPIRE 25/9/07; FIND SPECIAL CIRCUMSTANCES; BALANCE OF TERM 13 ½ MONTHS TO EXPIRE 9/11/08.; ORDER RELEASE TO PAROLE 25/9/07; IMPOSE THE FOLLOWING PAROLE CONDITIONS (S51C (SP)A):-; ACCEPT SUPERVISION PP; OBEY REASONABLE DIRECTIONS OF CASE MANAGER OF P&P; ABSTAIN FROM ALCOHOL FOR THE FIRST 6 MONTHS OF PAROLE PERIOD ; SUBMIT TO RANDOM DRUG TESTING AT LEAST 3 TIMES MONTHLY FOR FIRST 6 MONTHS OF PAROLE, ANY DIRTY TEST OR FAILURE TO UNDERTAKE TEST WILL BE DEEMED A BREACH OF PAROLE AND BROUGHT TO PAROLE BOARD WITH MY RECOMMENDATION THAT THEY BREACH YOU FOR IT. ; ATTEND TREATMENT AND COUNSELLING PROGRAMS BY P&P INCLUDING DRUG & ALCOHOL, ALCOHOL MINIMISATION AND RELAPSE PREVENTION; DO ALL YOU CAN TO OBTAIN AND MAINTAIN FULL TIME EMPLOYMENT – PROFESSIONAL FOOTBALL SO QUALIFIES; PRESENT YOURSELF TO A RUGBY LEAGUE SIDE AND DO ALL CAN TO OBTAIN AND MAINTAIN A PLACE IN THE PLAYING SIDE OF THAT TEAM.; IF YOU CAN'T OBTAIN PROFESSIONAL FOOTBALL YOU ARE TO COMMIT TO SOCIAL FOOTBALL.

CATCHWORDS: Criminal Law - Sentencing - Robbery in Company - essence of criminality - objective seriousness - aggravating features - subjective features - parity - imprisonment required

LEGISLATION CITED: s21A, s51 Crimes (Sentencing Procedure) Act 1999

Gladue v The Queen [1999] 1 SCR 688 at [80]. R v Cuthbert (1967) 86 WN (NSW) Pt. 1 p272 R v Rushby [1977] 1 NSWLR 594 CASES CITED: R v Hayes [1984] 1 NSWLR 740 R v Rause, unreported, NSWCCA 8th August 1992 Lovelock v The Queen (1978) 33 FLR 132 R v Thompson and Houlton (2000) 49 NSWLAR 383 R v Henry and others (1999) 46 NSWLR 340