R v Towney; R v Simon [2015] NSWDC 218

District Court New South Wales

Medium Neutral Citation: R v Towney; R v Simon [2015] NSWDC 218 Decision date: 11 June 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Offender Towney – sentenced to 5 years imprisonment to commence on 22 December 2014 and expire on 21 December 2019 and a non-parole period of 2 years and 6 months.

Offender Simon – sentenced to 5 years imprisonment to commence on 22 April 2015 and to expire on 21 April 2020 with a non-parole period of 2 years and 6 months. Catchwords: CRIMINAL LAW – Sentence – particular offence – armed robbery – sentencing guidelines – Henry factors – offence committed in company – one offender on conditional liberty at time of offence – one offender with extensive criminal record – limited actual violence with respect to one offender only – early pleas of guilty – significant effect on victims – victim impact statement read and considered – some remorse expressed – offence at high end of the Henry scale – special circumstances for adjusting ratio between head sentence and non-parole period – youth of offenders – indigenous backgrounds – need for rehabilitation – recommended for Yetta Dhinnakkal program Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Cases Cited: R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Pierce Stanley Towney (Offender) Tyler Simon (Offender) Representation: Solicitors: A Baker, Office of the Director of Public Prosecutions NSW (Crown) J Crofts, Legal Aid NSW (Offender Towney) M Giles, Blue Water Legal Pty Ltd (Offender Simon) File Number(s): 2014/375583; 2014/375596