R v Weismantel (No 3) [2015] NSWDC 227

District Court New South Wales

Medium Neutral Citation: R v Weismantel (No 3) [2015] NSWDC 227 Hearing dates: 1 October 2015 Date of orders: 01 October 2015 Decision date: 01 October 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Offender convicted Sentence of imprisonment Aggregate sentence imposed Non-parole period of four years and six months commencing on 1 March 2014 and expiring on 31 August 2018 Further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 31 August 2022. Special circumstances found Catchwords: CRIMINAL LAW – Sentence – Take vehicle without consent, in company – At least two co-offenders – 87 year old victim – Planning, though not by offender – No violence, no explicit threat expressed, "kindly" – Vehicle used for two armed robberies in company – Co-offenders destroyed vehicle, offender not involved in destruction

CRIMINAL LAW – Sentence – Three robberies with offensive weapon, in company – Sawn-off shotgun and axe at first and second robbery; sawn-off shotgun, axe and walking stick at third – 3 co-offenders at each – First robbery, cinema, $506.50 – Second robbery, cinema patron, $90, licence, bank cards and personal papers – Third robbery, hotel, $3,873 and 3 packets of cigarettes – Planning, though offender merely "acquaintance or follower" –Sawn-off shotgun outside of category of weapon in guideline judgment Henry – Offender previously sentenced for armed robberies as juvenile and as adult – Parity – Co-offender (Roach) sentenced for these offences with one matter on Form 1 and other offences