R v Phillip Conan Robinson, Frank John Robinson and Shane Bertram [2007] NSWDC 344

New South Wales District Court

CITATION: R v Phillip Conan Robinson, Frank John Robinson and Shane Bertram [2007] NSWDC 344

JUDGMENT DATE: 11 December 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: In respect to Phillip Conan Robinson:; Convicted.; AOABH (Mandic) Sentenced six and a half months imprisonment (Commence 01-03-07 and to expire 30-09-07); AOABH (Dews) Sntenced to 12 months imprisonment with a Non Parole Period of 9 months (Commence 01-06-07 and to expire 29-02-08, balance of term to expire 31-05-08); In respect to Frank Robinson:; Convicted.; AOABH (Mandic) Sentenced six and a half months imprisonment (commence 10-11-06 and to expire 09-05-07) ; AOABH (Dews) Fixed term of 9 months improsonment (commence 10-02-07 and to expire 09-11-07); In respect to Shane Bertram:; Convicted.; AOABH (Mandic) Sentenced six and a half months imprisonment (commence 23-01-07 and to expire 22-07-07); AOABH (Dews) Sntenced to 12 months imprisonment with a Non Parole Period of 9 months (Commence 23-04-07 and to expire 22-01-08, balance of term to expire 24-04-08)

CATCHWORDS: Criminal Law - Sentencing - A.O.A.B.H. in Company (x2) - upon hotel security staff - subsequent unrelated, unprovoked upon lone lmale seated in mall - strong level of violence -use of skate board to strike one victim - soft tissue injury - common substantial history of alcohol and drug abuse - indigenous male offenders - breach of bail, bond and parole - fixing appropriaate sentence when backdating - offender serving balance of parole.

R v Cuthbert (1967) 2 NSWR 329 R v Hayes [1984] 1 NSWLR 740 CASES CITED: R v Rushby (1977) R v Engert (1995) 84 A Crim R 67 R v Engert (1995) 84 A CrimR 67