NSW Caselaw
New South Wales District Court
CITATION: R v Luke CLOSE [2009] NSWDC 246
HEARING DATE(S): 27 August 2009 EX TEMPORE JUDGMENT DATE : 27 August 2009
JURISDICTION: District Court Criminal
JUDGMENT OF: Berman SC DCJ
DECISION: The offender is sentenced to imprisonment. I set a non-parole period of four and a half years and a head sentence of seven years.
CATCHWORDS: Criminal law - Sentence - Robbery with violence - In company - Grievous bodily harm
CASES CITED: R v Fernando (1992) 76 A Crim R 58
PARTIES: The Crown Luke Close
FILE NUMBER(S): DC 09/11/0522
SOLICITORS: NSW DPP Sydney Regional Aboriginal Corporation Legal Services
JUDGMENT
1 On 24 November last year, the victim in this matter, a man by the name of Armando Vieira went for a walk. It was about midnight. He was walking around his local neighbourhood. He was entitled to do so in safety. He was entitled to do so without being set upon by those who cared nothing for him or his rights. In the same vicinity were this offender and another man. They had one objective in mind and that was to rob Mr Vieira through the use of violence.
2 The circumstances of the offence as I am about to describe them, demonstrate significant callousness. A large part of the submissions put on behalf of the offender by Mr Jeffery related to the circumstances of this offender's upbringing, but common humanity would suggest no matter what a person's upbringing, it takes a particularly callous person to do what this offender did to Mr Vieira.
3 Mr Vieira first got into trouble when he saw this offender and the other man on the other side of the road. He was later pushed from behind; he fell forward and landed on his chest in a doorway. He tried to look around but was struck to his left eye. One of the two, men and it does not matter who, grabbed his neck and pushed his face into the ground. His jacket was pulled over his head so he could not see anything and whilst he was in that helpless position he was kicked a number of times. One of the men said; "I want your wallet."
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