R v Kyal SUKKAR [2010] NSWDC 106

New South Wales District Court

CITATION: R v Kyal SUKKAR [2010] NSWDC 106

JUDGMENT DATE: 15 April 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Overall sentence of 6 and 1/2 years imprisonment with a non-parole period of 3 years.

CATCHWORDS: CRIMINAL LAW - sentence - specially aggravated detain for advantage - armed robbery - aggravated break, enter and steal - Forms 1 taken into account - offences committed in company - victim vulnerable person - pizza deliverer - - use of weapon - whether or not gratuitous cruelty involved - not directly involved in physical assaults - drug habits - young man - negligible criminal record - no drug use since being in custody - guideline judgment - plea of guilty at earliest opportunity - subject of assaults - stable and supportive home environment

LEGISLATION CITED: Crimes Act 1900 s 86(1)(b) s 86(3), s 97(1), s 112(2), s 154F, s 195(1)(a), s 195(1)(b) Crimes (Sentencing Procedure) Act 1999 s 21A

TEXTS CITED: R v Henry (1999) 26 NSWLR 346 R v McCullough [2009] NSWCCA 94

PARTIES: Regina Kyal Sukkar

FILE NUMBER(S): 2009/150330

COUNSEL: Mr Heathcote (for Mr Sukkar)

SOLICITORS: Ms Rowbotham (NSW Office of Director of Public Prosecutions)

JUDGMENT

1. Kyal Sukkar is a young man who is still only nineteen. He comes from a good family. However, he had real difficulty in his adolescent and teenage years. He effectively went off the rails for some time. He dropped out of school. He became involved in drug taking and mixed with the wrong company.

2. Despite having a negligible criminal record he embarked on a series of very serious crimes. One of these crimes is so serious that it carries a maximum of twenty five years imprisonment. Another is so serious that Parliament has fixed a standard non-parole period of five years imprisonment to the crime.