R v George James Fernando [2007] NSWDC 158

New South Wales District Court

CITATION: R v George James Fernando [2007] NSWDC 158

HEARING DATE(S): 4 & 8 June 2007

JUDGMENT DATE: 8 June 2007

EX TEMPORE JUDGMENT DATE : 10 June 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted; NPP 3 years & 3 months & 15 days Balance of term 3 years

CATCHWORDS: Criminal Law - Sentencing- Robbery in Company - Assault with intent to Rob in Company - 15 Form 1 Matters - 3 offences within early moring time span - small businesses - serious level of violence - planning - vulnerable victims - offender's role front man in robbery - 26year old Aboriginal man - disruptive early life - drug and alcohol issues - substantial prior periods in custody - applying the Fernando principles.

LEGISLATION CITED: Crimes (Sentencing Procedure Act)

Cuthbert (1967) 86 N (NSW) Pt 1 272 Rushby [1977] 1 NSWLR 594 Hayes [1984] 1 NSWLR 740) CASES CITED: The Queen v Rause NSW CCA 8/8/92 Desimoni v The Queen (1981) 147 CLR 383 Attorney-General's reference number 1 of 1999 (2004) 61 NSWLR 38 Stanley Fernando (1992) 72 ACrimR 58 at 62-63

PARTIES: Regina George James Fernando

FILE NUMBER(S): 07/31/0069

SOLICITORS: Crown: Ms: K. Malley Office of DPP Offender: Mr J. North

SENTENCE 1 In June of 2004 George Fernando was twenty-three years old. He was staying in Kempsey with an uncle, Rob Fernando, at the Green Hills mission. He had completed a two month term of imprisonment on 16 April that year, less than two months prior to the date of the offences bringing him before this Court. If one includes control orders imposed by the Children's Court, he has been in and out of fulltime custody seven times, on my count, between 1998 and 2004.