R v Faiva PECKHAM [2010] NSWDC 163

New South Wales District Court

CITATION: R v Faiva PECKHAM [2010] NSWDC 163

JUDGMENT DATE: 29 March 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: For the robbery offence, non-parole period of 18 months, balance of term of 12 months. For the demand money offence, non-parole period of 15 months, balance of term of 5 months. Referred to Drug Court to determine whether Mr Peckham should be the subject of a Compulsory Drug Treatment Order.

CATCHWORDS: CRIMINAL LAW - sentence - robbery - demanding money with menaces - s 166 offence taken into account - offence committed on public transport - threat of use of a knife - prior criminal record - offence committed while on parole - drug and alcohol problems - spontaneous nature of crimes - plea of guilty at earliest opportunity - referral to Drug Court to determine suitability for a Compulsory Drug Treatment Order

Crimes Act 1900 s 94, s 99(1) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 50 Criminal Procedure Act 1986 s 166 Drug Court Act 1998 s 50

CASES CITED: R v Fernando (1992) 76 A Crim R 58

PARTIES: Regina Faiva Peckham

FILE NUMBER(S): 2009/41858

SOLICITORS: Ms Duncalfe for the Office of the Director of Public Prosecutions NSW Mr Bogan for Mr Peckham

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JUDGMENT

SENTENCE

1. I am sentencing Faiva Peckham for two crimes. One is the crime of robbery and the other is the crime of demanding money with menaces. The first is made into a crime by s 94 of the Crimes Act 1900 and carries a maximum of fourteen years imprisonment. The second is contained in s 99(1) of the same Act and it carries a maximum of ten years imprisonment.