R v WILLIAMS; R v ROBERTS [2014] NSWDC 374

District Court New South Wales

Medium Neutral Citation: R v WILLIAMS; R v ROBERTS [2014] NSWDC 374 Hearing dates: 07/08/2014 and 10/10/2014 Decision date: 28 November 2014 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Roberts - Indictment: Count 1 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years. Count 2 - Sentenced to a term of imprisonment of 5 years and 3 months with a non parole period being 2 years. Other charges: Sentenced to a term of imprisonment of 4 years with a non parole period being 2 years and 9 months. Sentenced to a term of imprisonment of 3 years and 6. Williams – Indictment: Count 1 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months Count 2 - Sentenced to a term of imprisonment of 6 years with a non parole period being 2 years and 5 months Other Charges: - Sentenced to a term of imprisonment of 4 years and 6 months with a non parole period being 3 years and 3 months 2nd Indictment - Count 1 - Sentenced to a term of imprisonment of 3 years with a non parole period being 1 year Count 2 - Sentenced to a term of imprisonment of 2 years with a non parole period being 1 year S166 Certificate – related charges - - Sentenced to a term of imprisonment of 6 months. Pursuant s.10A Crimes (Sentencing Procedure) Act, 1999 no penalty is recorded. Catchwords: Criminal – Sentence, armed robbery with a dangerous weapon, Aboriginal offenders, parity, "social exclusion" and racism, standard non-parole period. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Lowe v R [1984] HCA 46 R v Blackman & Walters [2001] NSWCCA 121 Bugmy v R [2013] HCA 37 R v Callaghan (2006) 160 A Crim R 145 DPP (Cth) v De La Rosa [2010] NSWCCA 194 R v Engert (1995) 84 A Crim R 67 Jackson v R [2010] NSWCCA 162 Jimmy v R (2010) 77 NSWLR 540 Moffitt v R (1990) 20 NSWLR 114 Muldrock v R (2011) 244 CLR 120 Munda v Western Australia ([2013] HCA 38 Pearce v R (1998) 194 CLR 610 Postiglione v R [1997] HCA 26 R v Fernando ((1992) 76 A Crim R 58 R v Henry (1999) 46 NSWLR 346 R v Millwood [2012] SS v R [2009] NSWCCA 114 Veen (No 2) v The Queen (1988) 164 CLR 465 R v Lewis [2014] NSWSC 1127 Category: Sentence Parties: Crown Matthew Thomas Williams - Offender Shaun Michael Roberts - Offender Representation: Counsel: