R v Matthew Ryan Thomas [2007] NSWDC 69

New South Wales District Court

CITATION: R v Matthew Ryan Thomas [2007] NSWDC 69

JUDGMENT DATE: 30 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted.; NPP 18 months commence 30/3/07 expire 29/9/08; Balance of Term – 23 months expire 29/8/2010; Recommend to Parole Board consider making an order by Dr Dalton for a WayBack Treatment Program; Recommend be classified as soon as possible in regard to his immediate welfare with a view to him being placed in a minimum security environment as soon as possible.

CATCHWORDS: Criminal Law - Sentencing - Rob with Wounding - Rob in Company - young offender - second robbery whilst on bail for first - strong rehabilitation.

R v Gladue [1999] 1 SRC 688 at [80]. R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] NSWLR 594 CASES CITED: R v Hayes [1984] 1 NSWLR 740 R v Rause unreported, NSWCCA 8 August 1992 Walden v Hensler (1987) 163 CLR 561 per Brennan J at 569-570 R. v Henry (1999) 46 NSWLR 346

PARTIES: Regina Matthew Ryan Thomas

FILE NUMBER(S): 05/21/0295

COUNSEL: Accused: N. Steel

Crown: Ms Durnell - Office of Director of Public Prosecution - Parramatta SOLICITORS:

OVERTURNED ON CROWN APPEAL - see R V THOMAS [2007] NSWCCA 269

JUDGMENT 1 HIS HONOUR: On his way home from work on 12 April 2005 Vasanthan Kandiah took a short cut across a portion of the Parramatta Golf Course. He had travelled some fifty metres along a pedestrian path. He still had some short distance to walk before he reached the Parramatta Rugby Union Club. His journey was interrupted by four youths who robbed him.

2 Matthew Ryan Thomas, a young man then approaching his twenty-first birthday, was one of the youths. He was charged with robbery in company. He denied he was a robber. After an eight day trial a jury found him guilty.