R v ENGLISH [2010] NSWDC 308

New South Wales District Court

CITATION: R v ENGLISH [2010] NSWDC 308

HEARING DATE(S): 5 November 2010 EX TEMPORE JUDGMENT DATE : 5 November 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The overall term is one consisting of a non-parole period of five years, and a total overall term of seven and a half years.

CATCHWORDS: CRIMINAL LAW - Sentence - Aggravated take and drive a motor vehicle with a person whilst armed with a weapon - Armed robbery - Carjacking - Aggravated assault - Offender on bail at the time of the commission of the offence - Form 1

CASES CITED: R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R

PARTIES: The Crown Robert Cecil English

FILE NUMBER(S): DC 2009/191250; DC 2009/194437

SOLICITORS: Director of Public Prosecutions Legal Aid Commission

SENTENCE

1 HIS HONOUR: Robert Cecil English appears for sentence today after having pleaded guilty, in this Court shortly before his trial was due to commence, to three serious offences. The first is an offence of aggravated take and drive a motor vehicle with a person whilst armed with a weapon. That has a maximum penalty of fourteen years with a standard non-parole period of five years. The second offence is an offence of armed robbery, carrying a maximum penalty of twenty years. Although it is the second on the Crown's sentence summary it appears to have been committed shortly after the offence which is third on the Crown sentence summary, another offence of armed robbery with a maximum penalty of twenty years imprisonment. When I sentence him for the second armed robbery on the Crown sentence summary Mr English asks that I take into account a matter on a Form 1, that being an additional offence related to carjacking and aggravated assault with intent to take or drive a motor vehicle. The three offences for which the offender must be specifically sentenced all occurred on the same day, 7 July 2009, whilst the matter on the Form 1 occurred a little while thereafter, 25 August 2009.