R v Faletau [2016] NSWDC 380

District Court New South Wales

Medium Neutral Citation: R v Faletau [2016] NSWDC 380 Hearing dates: 21, 28 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Total effective sentence of 5 years, 10 months with NPP of 4 years Catchwords: CRIMINAL LAW – SENTENCE – Two counts each of aggravated armed robbery contrary to Crimes Act 1900 s97(2) – In respect of each count, 4 additional offences, 6 other aggravated robberies, one of being a passenger in a car driven without the owner's consent and one of larceny of motor vehicle number plates

Offender aged 23 years at time of offences (31 August 2013), in custody since that time – Unfavourable criminal history – Chronic alcohol abuse and drug use – Greater drug use since most recent incarceration – Poor behaviour in custody – Risk of institutionalisation v need to protect community – Parity of sentence with sentences passed on two co-offenders – Sentences passed in respect of each count Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Dyer v R [2011] NSWCCA 185 Jackson v R [2010] NSWCCA 162 R v Thomson and Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309; (2000) 115 A Crim R 109 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111; (1999) 106 A Crim R 149 Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown) Papani David Faletau (Offender) Representation: Counsel: Ms M Reville (Crown) Mr A Williams (Offender)