R v Joe Daniel Rose [2015] NSWDC 102

District Court New South Wales

Medium Neutral Citation: R v Joe Daniel Rose [2015] NSWDC 102 Hearing dates: 18 June 2015 Decision date: 25 June 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence. For Orders see [54] Catchwords: Armed robbery; guideline judgment Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: EG v R [2015] NSWCCA 21 Pearce v R (1998) 194 CLR 610 R v Berg [2004] NSWCCA 300 R v Henry (1999) 46 NSWLR 346 R v Sydney [2004] NSWCCA 63 R v Tuala [2015] NSWCCA 8 Category: Sentence Parties: Director of Public Prosecutions (Crown) Joe Daniel Rose (Offender) Representation: Counsel: L McSpedden (Crown Prosecutor) M Lalor (Offender) File Number(s): 14/281491 Publication restriction: Nil

REMARKS ON SENTENCE

Introduction 1. The offender has pleaded guilty to an offence of armed robbery with an offensive weapon pursuant to s 97(1) of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 20 years imprisonment. It was committed on 14 September 2014 and at the time of the offence the offender was 23 years of age. He was, at that time, on conditional liberty with respect to an offence of a similar nature in the Northern Territory. 2. The offender was arrested on 1 October 2014 and at the time of the sentence hearing on 18 June 2015 the offender had been in custody for 251 days. He has now been in custody for 258 days. 3. At the time of the offending the offender had been addicted to methylamphetamine (ice) and was under the influence of that insidious drug. This matter is yet another example of the catastrophic effect that drugs have on young people in our community and the devastating effect their actions can have on other law abiding citizens as a result of their use of it.