Regina v Mathew Nathan Loria [2006] NSWDC 16

New South Wales District Court

CITATION: Regina v Mathew Nathan Loria [2006] NSWDC 16

HEARING DATE(S): 6/4/2006

JUDGMENT DATE: 12 May 2006

JUDGMENT OF: Finnane QC DCJ

DECISION: Because of the factors I have enunciated, I propose to have him assessed for home detention. I direct that he reports to the officer in charge of the Probation and Parole Service at the City District Office within one week of today, and I direct that he be assessed for home detention.; I stand over further hearing of this matter until a date to be fixed.

CATCHWORDS: plea of guilty - mitigating factors - previous good character - attempted robbery - amphetamine - use of methamphetamine ("ice") - contrition - plea of guilty - psychotic state at time of committing offence - home detention - sentence

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CASES CITED: Regina v. Henry (1999 46 NSWLR 149)

PARTIES: Regina Mathew Nathan Loria

FILE NUMBER(S): 06/11/0037

COUNSEL: Mr M J Neil Q.C. with Mr W J Wilcher (Offender)

SOLICITORS: Mr Labrum (NSW DPP)

SENTENCE

Introduction.

1 Every so often a case comes before me, which I can class properly as an exceptional one. This is one such case. The facts are so unusual that I would think it is most unlikely that I will ever encounter such a case again.

2 The offender, Matthew Nathan Loria is a 34-year-old man of good character. He is married to a radio presenter, who is the mother of their child, and he is the stepfather of her child. He is a qualified chef and an instructor in surfing. But for the facts that bringing before the court, he would be regarded by all persons as someone to emulate.

3 He has saved the life of a woman, he cares for his wife and family, is a well regarded employee and he has undertaken drug rehabilitation and aims to conduct the group to assist others with drug problems.