R v Irwin, Dean [No.2] [2010] NSWDC 266

New South Wales District Court

CITATION: R v Irwin, Dean [No.2] [2010] NSWDC 266

JUDGMENT DATE: 17 September 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Aggravated break and enter with intent (2008/00002697) & Aggravated break and enter commit serious indictable offence (2008/00007964): S.12 bonds revoked. Sentenced to 8 month non-parole period. Balance of term 16 months.. DECISION: Robbery armed with an offensive weapon (2009/00219339): Convicted. Sentenced to 18 month non-parole period.. Balance of term 18 months. Offender referred to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.

CATCHWORDS: Criminal Law - Sentencing - Robbery whilst armed with offensive weapon - breach of suspended sentence bonds - aggravated break, enter with intent - offender robs sports club - femal victim - 2 cash registers looted - claimed motive, non-payment of wages by employer - some premeditation - subjective matters - single 20 year old male - childhood problems - self-disruptive schooling - disrupted employment and apprenticeship history - serious alcohol and undisclosed drug hisstory - minimisation of substance abuse - revocation of s.12 bonds - referral to Drug Court for compulsory drug treatment program.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Thomson & Houlton [2000] NSWCCA 309 R v Hearne (2007) 124 AcrR 457 The Queen and Henry CCA (1999) 46 NSWLR 340 CASES CITED: R v Rause unreported NSWCCA 8 August 1992 R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1 NSWLR 597 R v Hayes [1984] 1 NSWLR 740