R v Justin Moroney [2007] NSWDC 154

New South Wales District Court

CITATION: R v Justin Moroney [2007] NSWDC 154

13 & 15 December 2006 HEARING DATE(S): 23 February 2007 23 & 29 March 2007

JUDGMENT DATE: 2 April 2007

EX TEMPORE JUDGMENT DATE : 3 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Robbery in Company - Sentenced: Non parole period 15 months commence 1/2/07 expire 30/4/08; Balance of term – 9 months expire 30/1/09; Order accused release to P&P on 30 April 2008 ; Recommend Parole Board set conditions that accused be subject to intense supervision and original s.11 bail conditions be regarded as appropriate for accused to engage in whilst on parole

CATCHWORDS: Criminal Law - Sentence - Breach s.11 Crimes (Sentencing Procedure) Act 1999 bail - criteria for eligibility for Drug Court program - s5A Drug Court Act 1998 - "eligible convicted offender" meaning of - juvenile record - probation without conviction - whether constitutes "conviction" for purposes of "eligible convicted person" - s14 and 15 Children (Criminal Proceeding) Act .

Drug Court Act (1998); LEGISLATION CITED: Drug Misuse and Trafficking Act (1985); Criminal Procedure Act; S's 14 & 15 Children (Criminal Proceeding) Act 1987

CASES CITED: Griffiths v The Queen (1977) 137 CLR 293

PARTIES: Regina Justin Moroney

FILE NUMBER(S): 05/11/0727

COUNSEL: Fw: Mr A. Barber

SOLICITORS: Crown: Ms Davis - Office of Director of Public Prosecutions - Sydney

SENTENCE

1 On 4 July I granted section 11 [Crimes (Sentencing Procedure) Act 1999] bail to Justin Moroney for an offence of robbery in company of a twenty-one year old uni student Jason Chan. The details and circumstances of that robbery were reviewed in some detail in remarks made by me at the time. Among the matters that persuaded me to give Moroney an opportunity to establish that he could rehabilitate were: * The robbery itself was one that fell towards the less serious range of robberies in company with corporal violence. * The offender's role in the robbery was one of the lesser roles. * The offender had been in prison unable to make bail when he had been serious sexually assaulted. * He appeared to have strong family support, especially from his mother and brother. * There was report of him being overly dependent upon his mother. * In the past he had placed himself in a rehabilitation program, suggesting a willingness to engage in rehabilitation. * He had suffered traumatic brain injury as a result of a vicious assault some time before this offence. * There was evidence before me of an extensive community based program that would assist Moroney rehabilitate and recommendations from professionals then involved with the offender to pursue that course.