R v Nabalarua; R v Quinlan [2017] NSWDC 328

District Court New South Wales

Medium Neutral Citation: R v Nabalarua; R v Quinlan [2017] NSWDC 328 Hearing dates: 20 October 2017; 17 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: In each case the offender is sentenced to an aggregate sentence consisting of a non parole period of 4 years and 6 months with a head sentence of 8 years and 6 months Catchwords: Childhood of deprivation and disadvantage - Application of Bugmy principles where offences involve some planning- Sentencing for offences contrary to s 97(2) of the Crimes Act. Legislation Cited: s 97(2) Crimes Act 1900 (NSW); s 154A(1)(b) Crimes Act 1900 (NSW); s 21A Crimes (Sentencing Procedure) Act 1999 (NSW); s 3A Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Ingrey v R [2016] NSWCCA 31 Legge v R [2007] NSWCCA 244 R v Henry (1999) 46 NSWLR 346 R v Millwood [2012] NSWCCA 2 Taysavang v R; Lee v R [2017] NSWCCA 146; Category: Sentence Parties: Regina (Crown) Ralph NABALARUA (Offender) Kareel QUINLAN (Offender) Representation: Counsel: A Morris (Crown) J Gaitanis (R Nabalarua) A Hawkins (K Quinlan) File Number(s): 2015/14296; 2015/128965

Judgment 1. The offenders, Ralph Nabalarua and Kareel Quinlan stood trial at Sydney District Court in January 2017. They were arraigned on 23 January 2017 and entered pleas of not guilty to 4 counts on the indictment. 2. On 23 February 2017 the jury returned verdicts of guilty in respect of each accused to counts 1, 2 and 3 on the indictment and not guilty to count 4 on the indictment. 3. I must therefore sentence the offenders for the following offences: 1. An offence of attempted robbery while armed with a dangerous weapon. The offence is contrary to s 97(2) of the Crimes Act 1900 (NSW) and carries a maximum penalty of 25 years imprisonment. 2. An offence of knowingly drive or be carried in conveyance without consent of owner. The offence is contrary to s 154A(1)(b) Crimes Act 1900 (NSW) and carries a maximum penalty of 5 years' imprisonment. 3. An offence of robbery while armed with a dangerous weapon. The offence is contrary to s 97(2) of the Crimes Act 1900 (NSW) and carries a maximum penalty of 25 years imprisonment. 1. In determining the facts upon which I sentence these men, I must have regard to the jury verdicts. I must resolve any dispute in light of the evidence adduced at trial although any such resolution by me is limited to matters collateral to the elements of each offence. I am entitled to form my own view of the facts, provided it is consistent with the jury verdicts. I am not restricted to a view of the facts most favourable to the offenders; however any aggravating factors must be established beyond reasonable doubt.