R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383

District Court New South Wales

Medium Neutral Citation: R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383 Hearing dates: 21 July 2017 Date of orders: 27 July 2017 Decision date: 27 July 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Matter adjourned to enable the offender to complete his rehabilitation at Odyssey House. For orders see [88] Catchwords: CRIMINAL – Sentence – robbery whilst armed with an offensive weapon – Form 1offence – attempt to obtain prescribed prohibited substance – robbery of a pharmacy for prescription medication using a pair of scissors – s.11 remand – under the influence of drugs at the time of the offence – impulsive act lacking planning – 20 years old – prior drug-related offences – full discount for the early plea of guilty – parity considered where co-accused already sentenced in the Local Court to lesser offences – serious addiction to prescription drugs – diagnosed with Type 1 diabetes in 2009 – fluent in multiple languages and was studying political economic and social sciences at Sydney University – obtaining treatment at Odyssey House Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health (Forensic Provisions) Act 1990 Poisons and Therapeutic Goods Act 1999 Cases Cited: Legge v Regina [2007] NSWCCA 244 Muldrock v R (2011) 244 CLR 120 R v Farrell [2014] NSWCCA 30 R v Henry and Ors [1999] 46 NSWLR 346 R v Hopoi [2014] NSWCCA 263 R v Lattouf (NSWCCA, 12 December 1996, unreported) R v Palu [2002] NSWCCA 381 R v Thompson and Houlton [2000] NSWCCA 309 R v Trindall [2002] NSWCCA 364 R v Yuksel [2012] NSWCCA 84 Category: Sentence Parties: Regina (Crown) Miglio Alexander Krajewski (Offender) Representation: Counsel: Ms Rafeeq (DPP Solicitor) Ms Evans (Counsel) File Number(s): 2016/002174312016/00362762 Publication restriction: Nil