R v MA; R v Byquar; R v Ramos [2012] NSWSC 1527

Supreme Court New South Wales

Medium Neutral Citation: R v MA; R v Byquar; R v Ramos [2012] NSWSC 1527 Hearing dates: 29 October, 2012, 30 October 2012, 31 October 2012 Decision date: 11 December 2012 Before: Johnson J Decision: MA For the offence of specially aggravated break, enter and steal committed at Ashcroft on 29 June 2010, you are sentenced to imprisonment comprising a non-parole period of four years commencing on 22 July 2010 and expiring on 21 July 2014, with a balance of term of one year and six months commencing on 22 July 2014 and expiring on 21 January 2016. For the offence of robbery whilst armed with an offensive weapon committed at Warwick Farm on 1 July 2010, you are sentenced to imprisonment comprising a non-parole period of four years commencing on 22 January 2012 and expiring on 21 January 2016, with a balance of term of one year and six months commencing on 22 January 2016 and expiring on 21 July 2017. For the offence of murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offences on the Form 1, you are sentenced to imprisonment comprising a non-parole period of 14 years commencing on 22 July 2013 and expiring on 21 July 2027, with a balance of term of six years commencing on 22 July 2027 and expiring on 21 July 2033. The earliest date on which you will be eligible for release on parole is 21 July 2027. Byquar For the offence of robbery whilst armed with an offensive weapon committed at Warwick Farm on 1 July 2010, you are sentenced to imprisonment comprising a non-parole period of six years commencing on 4 July 2010 and expiring on 3 July 2016 with a balance of term of two years commencing on 4 July 2016 and expiring on 3 July 2018. For the offence of murder of Kesley Burgess committed on 1 July 2010 at Lurnea, taking into account the offence on the Form 1, you are sentenced to imprisonment comprising a non-parole period of 16 years commencing on 4 July 2012 and expiring on 3 July 2028 with a balance of term of seven years commencing on 4 July 2028 and expiring on 3 July 2035. The earliest date on which you will be eligible for release on parole is 3 July 2028. Ramos For the offence of specially aggravated break, enter and steal committed at Ashcroft on 29 June 2010, you are sentenced to imprisonment comprising a non-parole period of three years commencing on 22 July 2010 and expiring on 21 July 2013 with a balance of term of one year commencing on 22 July 2013 and expiring on 21 July 2014. For the offence of robbery whilst armed with an offensive weapon committed at Warwick Farm on 1 July 2010, you are sentenced to imprisonment comprising a non-parole period of four years commencing on 22 July 2011 and expiring on 21 July 2015 with a balance of term of one year and six months commencing on 22 July 2015 and expiring on 21 January 2017. For the murder of Kesley Burgess at Lurnea on 1 July 2010, taking into account the offences on the Form 1, you are sentenced to imprisonment comprising a non-parole period of 12 years, commencing on 22 July 2012 and expiring on 21 July 2024 with a balance of term of five years commencing on 22 July 2024 and expiring on 21 July 2029. The earliest date on which you will be eligible for release on parole is 21 July 2024. Catchwords: CRIMINAL LAW - sentence - murder - specially aggravated break, enter and steal - armed robbery - home invasions committed over three-day period - young offenders armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders - relevance of youth - importance of general deterrence and need for punishment Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Children (Criminal Proceedings) Act 1987 Cases Cited: R v Tuki [2012] NSWSC 1436 R v Previtera (1997) 94 A Crim R 76 R v Bollen (1998) 99 A Crim 501 R v Wright [2009] NSWCCA 3 R v JW [2010] NSWCCA 49; 77 NSWLR 7 KR v R [2012] NSWCCA 32 R v Hillsley [2006] NSWCCA 312; 164 A Crim R 252 R v Pham and Ly (1991) 55 A Crim R 128 Wahl v State of Tasmania [2012] TASCCA 5 KT v R [2008] NSWCCA 51; 182 A Crim R 571 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Johnson v R; Moody v R [2010] NSWCCA 124 R v Murrell [2012] NSWCCA 90 Haines v R [2012] NSWCCA 238 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Mostyn [2004] NSWCCA 97; 145 A Crim R 304 Texts Cited: --- Category: Sentence Parties: Regina (Crown) MA (Offender) Thomas Byquar (Offender) David Ramos (Offender) Representation: Counsel: Mr LL Lungo (Crown) Mr CJG Smith (Offender MA) Mr DC McCallum (Offender Byquar) Mr S Hanley SC (Offender Ramos) Solicitors: Director of Public Prosecutions (Crown) Catherine Hunter (Offender MA) Matthew Trevillion Solicitor (Offender Byquar) Matouk Joyner Lawyers (Offender Ramos) File Number(s): Publication restriction: ---