Regina v Lovoni [2006] NSWDC 179

New South Wales District Court

CITATION: Regina v Lovoni [2006] NSWDC 179

JUDGMENT DATE: 11 May 2006

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 49, 50 and 51.

CATCHWORDS: Criminal Law - Sentence - robbery - young offender - parity - special circumstances.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

R v Way [2004] NSWCCA 131 R v Brown [1999] NSWCCA 323 R v Kaiva (unrep, 09/11/98 NSWCCA) R v Webb (unrep, 09/11/98 NSWCCA) Callaghan v R [2006] NSWCCA 58 R v Palu (2002) 134 A Crim R 174 Regina v Doan [2000] NSWCCA 317 R v English [2000] NSWCCA 245 CASES CITED: R v Kappa (1993) 69 ACR 64 R v Henry (1999) 46 NSWLR 346 Engert (1995) 84 A Crim R 67 R v Jurisic (1998) 45 NSWLR 209 R v Lattouf (unrep, 12/12/96 NSWCCA) Pearce v The Queen (1998) 194 CLR 610 R v Israil [2002] NSWCCA 255 Wright v R (1997) 93 ACR 48 Thomson & Houlton (2000) 49 NSWLR 383

PARTIES: Regina Daniel Lovoni

FILE NUMBER(S): 06/11/0065

SOLICITORS: Ms Chappell, DPP Mr Evenden, Legal Aid Commission of NSW

SENTENCE

1 HIS HONOUR: The prisoner Daniel Lovoni appears today for sentence in relation to two offences which were committed on 6 June 2005. The first offence in time is an offence alleging that the accused on that date at Surry Hills did rob Mohammed Sultan of certain property, to wit a blue "Nokia" brand mobile phone the property of the said Mohammed Sultan whilst being in company with Andrew Carr and Amy Simon. The second offence in time, committed within twenty minutes of the first offence, is an allegation that he on 6 June 2005 at Surry Hills did break and enter the dwelling house of Mohammed Sultan situated at 2/96 Goodlet Street, Surry Hills and then in the said dwelling house did commit a serious indictable offence, to wit, stealing, in circumstances of aggravation, to wit, he did deprive the said Mohammed Sultan of his liberty.