R v Kevin BENNETT [2013] NSWDC 222

District Court New South Wales

Medium Neutral Citation: R v Kevin BENNETT [2013] NSWDC 222 Decision date: 08 October 2013 Before: Cogswell SC DCJ Decision: For three offences of armed robbery an aggregate sentence of 5 years and 3 months imprisonment, non-parole period of 3 years. Catchwords: CRIMINAL LAW - Particular offences - armed robbery - Sentence - relevant factors - significant criminal record including offences dealt with by Children's Court - escalating criminal behaviour - risk to community - response to charges - no plea of guilty - no remorse - nature and circumstances of offender - young Aboriginal man - consideration of recent High Court judgments on sentencing indigenous persons - deprived background - given significant weight - reduces culpability - raised in environment of drug addiction and crime - commenced drug use at an early age - never employed - special circumstances - young age - period of time already spent in custody - risk of institutionalisation - extended period on parole to address drug problems. Legislation Cited: Crimes Act 1900, s 97(1). Crimes (Sentencing Procedure) Act 1999, s 44, s 53. Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 87 ALJR 1022. Munda v Western Australia [2013] HCA 38; (2013) 87 ALJR 1035. R v Fernando (1992) 76 A Crim R 58. R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149. Veen v The Queen [No 2] [1988] HCA 14; (1988) 164 CLR 465. Category: Sentence Parties: Regina (Crown) Kevin Winston Bennett (Offender) Representation: Counsel: B Rowe (Crown) S Hall (Offender) File Number(s): DC 2012/313904