R v Kevin Scorah; R v Carl Walton [2008] NSWDC 180

New South Wales District Court

CITATION: R v Kevin Scorah; R v Carl Walton [2008] NSWDC 180

HEARING DATE(S): 26 May - 2 June 2008 - Trial, 13 August 2008 EX TEMPORE JUDGMENT DATE : 13 August 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Kevin Scorah: On steal from person sentenced to non-parole period of 18 months and a total term of two and a half years. Commencing on 1 February 2008, the non-parole period will expire on 31 July 2009 and the total term on 31 July 2010. On robbery in company sentenced to non-parole period of three years and a total term of five years. Commencing on 1 February 2009, the non-parole period will expire on 31 January 2012, which is the earliest date upon which he will be eligible for parole and the total term will expire on 31 January 2014. Carl Walton: On steal from person sentenced to non-parole period of 18 months and a total term of two and a half years. Commencing on 16 March 2008, the non-parole period will expire on 15 September 2009 and the total term on 15 September 2010. On affray sentenced to a fixed term of eight months imprisonment commencing on 16 July 2009 and expiring on 15 March 2010. On robbery in company sentenced to a non-parole period of three years and a total term of six years. Commencing on 16 August 2009, the non-parole period will expire on 15 August 2012, which is the earliest date upon which he willl be eligible for parole, and the total term will expire on August 2015.

CATCHWORDS: CRIMINAL LAW - Sentencing - Robbery in company - Steal from person - Affray - parity with juvenile co-offender

LEGISLATION CITED: Crimes Act 1900 (NSW)

CASES CITED: R v Henry [1999] 46 NSWLR 346 R v Ho unreported NSWCCA 28 February 1997