REGINA v. JANCEK [1999] NSWSC 1126

New South Wales Supreme Court CITATION : REGINA v. JANCEK [1999] NSWSC 1126 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : No. 70015 of 1998 HEARING DATE(S) : 19/7/99; 20/8/99; 17/9/99; 1/10/99; 23/11/99 JUDGMENT DATE : 23 November 1999

PARTIES : REGINA v. MANDIE TANYA JANCEK JUDGMENT OF : Greg James J at 1

COUNSEL : Crown: M. Marien Prisoner: M. d'Arbon SOLICITORS : Crown: S.E. O'Connor Prisoner: Sydney Regional Aboriginal Corporation Legal Service CATCHWORDS : Criminal Law - sentence - armed robbery - heroin addiction - strong prospects of rehabilitation - young children - Aboriginal - advantage to community of leniency - special circumstances ACTS CITED : Crimes Act 1900 Sentencing Act 1989 Pearce (1998) 156 ALR 684 CASES CITED : Henry & Ors [1999] NSWCCA 111 Fernando (1992) 76 A. Crim. R. 58 Day (1998) 100 A. Crim. R. 275 DECISION : Penal servitude for total of six years; minimum term two years

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

No. 70015 of 1998

GREG JAMES, J.

TUESDAY 23 NOVEMBER 1999

REGINA v. MANDIE TANYA JANCEK

SENTENCE

1 HIS HONOUR: The prisoner has pleaded guilty before me to one offence under s.97(1) of the Crimes Act 1900, a subsequent offence under s.97(2) as an accessory before the fact and an offence under s.33B committed at the same time and place as the latter offence. The offence under s.97(1) is punishable by a maximum of 20 years penal servitude, the further offence under s.97(2), by a maximum of 25 years penal servitude. The offence under s.33B is punishable by 12 years penal servitude. 2 It will be necessary in this case of multiple offences to have regard to the totality principle and also the principles referred to by the High Court in The Queen v. Pearce (1998) 156 ALR 684. 3 The facts of these offences are as follows:-