R v Hall [2007] NSWDC 89

New South Wales District Court

CITATION: R v Hall [2007] NSWDC 89

HEARING DATE(S): 15/03/07

JUDGMENT DATE: 15 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 44-50.

CATCHWORDS: Criminal Law - Sentence - robbery - cooperation.

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Thomson & Houlton (2000) 49 NSWLR 383

PARTIES: Regina Renae Anne Hall

FILE NUMBER(S): 06/71/0025

COUNSEL: Mr Corr - Crown Mr Blackburn - Offender

SENTENCE

1 HIS HONOUR: Renae Anne Hall appears today for sentence in relation to an offence alleging that she, on 6 November 2004 at Wagga Wagga in the State of New South Wales, did rob James Hutchison of one Wagga Credit Union card, one New South Wales' driver's licence, one black Rip Curl wallet and 300 Australian dollars, the property of James Hutchison.

2 This offence is an offence brought pursuant to s 94 Crimes Act and carries a maximum penalty of fourteen years imprisonment. It does not have a standard non-parole period. The plea of guilty was entered at the arraignment of the accused and was accepted by the Crown in discharge of an indictment alleging, as a principal offence, an offence of robbery in company, which carries a maximum penalty of twenty years.

3 There is an agreed statement of facts which I need not dwell upon beyond pointing out that the crime committed against Mr Hutchison involved a vicious attack upon an intoxicated man. The prisoner's role was to comply with the request of a passenger in her car who she understood was going to rob the victim.

4 The Crown does not allege, however, that she anticipated that the method of the robbery - that is, the method of the assault, the striking of the victim with a shovel - would occur, and the Crown concedes that the prisoner received no financial benefit from the crime.