R V Allan Martin SIMPSON [2007] NSWDC 106

New South Wales District Court

CITATION: R V Allan Martin SIMPSON [2007] NSWDC 106

HEARING DATE(S): 27th April 2007

JUDGMENT DATE: 27 April 2007

EX TEMPORE JUDGMENT DATE : 27 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [17]

CATCHWORDS: Criminal Law - Sentence - Robbery in company

CASES CITED: R v Henry (1999) 46 NSWLR 346

PARTIES: Crown Allan Martin Simpson

FILE NUMBER(S): 06/11/0928

COUNSEL: K Gilson (Crown)

SOLICITORS: NSW DPP Sydney Regional Aboriginal Corporation

SENTENCE

1 HIS HONOUR: Allan Martin Simpson appears for sentence today after having been found guilty by a jury on one count of robbery in company. The crown case against him was not that he actually performed the robbery but that he was part of a joint criminal enterprise with those who did. The whole of the offender's involvement was captured on a number of closed circuit television cameras which were installed at the 7-Eleven store where the robbery took place. The trial of the offender was unusual in the sense that there was no dispute as to the fact that a robbery took place while the accused was in the 7-Eleven store. What was in dispute was whether the offender agreed with those who performed the robbery that the offence would be carried out.

2 The footage from the closed circuit television camera was played in court and I have reviewed the footage in chambers for the purpose of preparing these remarks on sentence. That footage shows three men, one of whom is the offender, coming into the 7-Eleven store. The three men move about the store with one purchasing cigarettes by means of an EFTPOS facility. The offender is seen to surreptitiously enter a back room of the premises and to look around whilst there. It is clear he was searching for something to steal. He then returns to the public area of the store. Shortly thereafter, one of the three men, Mr Hampton, goes behind the counter where the victim of the robbery, Mr Zhang, was standing. He presents a knife to Mr Zhang and demands money. Mr Zhang hands over $1,500 to Mr Hampton, who then passes it to another of the three men, Mr Palmer. Eventually, the two of them leave the store.