R v M W [2010] NSWDC 13

New South Wales District Court

CITATION: R v M W [2010] NSWDC 13

HEARING DATE(S): 15/01/2010 EX TEMPORE JUDGMENT DATE : 15 January 2010

JUDGMENT OF: Williams DCJ

DECISION: The orders that I make are that he is convicted. He is sentenced to three years and three months imprisonment with a one year and nine month minimum term. That is to date from 17 November 2009 and he is eligible for release on parole on 16 August 2011. The total term will expire on 16 February 2013. I certainly recommend that he be subject to guidance and direction by the Probation and Parole Service on his release and that he would be allowed to participate in an appropriate pre-release program.

CATCHWORDS: SENTENCE-aggravated robbery with wounding-deprived aboriginal background-young offender-parity with co-offender.

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

PARTIES: Regina M W

FILE NUMBER(S): 2007/11/0304

SOLICITORS: Mr O'Connor (Crown) Ms Davies (Offender)

HIS HONOUR: In this matter MW has pleaded guilty to an offence contrary to s 96 of the Crimes Act of aggravated robbery with wounding, the maximum penalty for which is twenty-five years imprisonment.

2. M W was born on 16 June 1988 and he was thus aged seventeen at the date of the offence and a juvenile. There is an agreed statement of facts, together with some photographic material. There is a medical report and photographs of the victim. There is a custodial history and an up to date criminal history. There is remarks on sentencing of Her Honour Judge Ainslie-Wallace in respect of a co-offender called McHughes, although he was charged with a different offence and I will come to that in a moment. There is a victim impact statement, a report from Juvenile Justice, although regrettably, whilst it is undated, appears to have been provided for September 2007 and whilst an updated report has been requested, for inexplicable reasons, it is not available today. I also have a very detailed report from Dr Seidler a psychologist as part of exhibit 1 and a handwritten letter from M W who has also given evidence before me and is supported by his partner and their young child of four months, his case worker and his auntie. His mum was not able to attend court today as she lives a fairly long way away.