R v Nith Chav [2016] NSWDC 220

District Court New South Wales

Medium Neutral Citation: R v Nith Chav [2016] NSWDC 220 Hearing dates: 5 September 2016 Date of orders: 16 September 2016 Decision date: 16 September 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence; special circumstances. For orders see [58] Catchwords: Armed robbery; use offensive instrument to prevent lawful apprehension. Legislation Cited: Crimes Act 1900 (NSW) ss 33B, 97 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 44 Cases Cited: Mun v R [2015] NSWCCA 234 R v Caldwell [2016] NSWCCA 55 R v Hamilton (1993) 66 A Crim R 575 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Director of Public Prosecutions (Crown) Nith Chav (Accused) Representation: Trial Advocate: J Smith (Crown) Counsel: N Steel (Accused) File Number(s): 2013/00348144 Publication restriction: Nil

Remarks on sentence 1. The offender is being sentenced in respect of the following two offences. 1. Armed robbery, pursuant to s 97(1) of the Crimes Act 1900. The maximum penalty is imprisonment for 20 years. 2. Use of an offensive instrument to prevent lawful apprehension, pursuant to s 33B(1)(a) Crimes Act 1900. The maximum penalty is 12 years imprisonment. 1. There is no standard non-parole period prescribed for either offence. The offender has also asked that a further offence be taken into account on a Form 1, namely armed robbery pursuant to s 97(1) of the Crimes Act 1900. 2. The offender was committed for trial on the first offence of armed robbery listed above on 9 September 2014. This trial was listed to commence on 11 May 2015, however he entered the plea of guilty on 15 May 2015 before a jury was empanelled. He is therefore entitled to a discount on sentence in respect of that matter for his plea of guilty, which his counsel acknowledged should be 10 per cent. 3. The offender was found guilty in respect of the second offence pursuant to s 33B(1)(a) of the Crimes Act 1900 on 13 April 2016 after a trial by judge alone. 4. The offender has been in custody since his arrest on 19 November 2013.