R v FERREIRA Carlos [2009] NSWDC 417

New South Wales District Court

CITATION: R v FERREIRA Carlos [2009] NSWDC 417

HEARING DATE(S): 12/03/09

JUDGMENT DATE: 12 March 2009

JURISDICTION: CRIMINAL

JUDGMENT OF: Finnane QC DCJ

DECISION: In relation to the offence of robbery I sentence the offender to a non parole period of two years and six months. In relation to the related matter which is one of dealing with property suspected of being the proceeds of crime, I sentence him to three months imprisonment.

CATCHWORDS: CRIMINAL LAW - sentence - robbery- sentencing orders

LEGISLATION CITED: s 166 Criminal Procedure Act 1986 (NSW)

PARTIES: Regina Carlos FERREIRA

FILE NUMBER(S): 2008/01/0372

SOLICITORS: Director for Public Prosecutions Legal Aid Commission

1. HIS HONOUR: The offender, Carlos Ferreira, appears before this court on a serious charge of robbery.

2. The robbery occurred on 30 June 2008. On that day at about 8.40am, a woman working at a business called, Cashstop Financial Services in Parramatta Road, Petersham was about to enter the premises. The premises were the subject of some considerable security precautions. She was required, apparently, to look around and make sure the shop had not been broken into, and then to ring on her mobile phone and provide a password. That then permitted her to open the premises by putting a key in a lock in the front door.

3. She then had to walk through a man trap door and then through a second man trap door. However, as she went to the first man trap door there was the offender behind her. He had a beanie on, a black cloth covering his face with an opening for his eyes, a black glove on his right hand and he pushed her with his left. She started screaming, he covered her mouth with his left hand and he told her to keep quiet he needed money, if he got the money he would let her go; otherwise he would kill her. Understandably she was extremely scared.