R v Donny James TOMPKINS [2017] NSWDC 398

District Court New South Wales

Medium Neutral Citation: R v Donny James TOMPKINS [2017] NSWDC 398 Hearing dates: 21 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Criminal Before: KING SC DCJ Decision: Indicative sentences Agg assault w/i to take/drive m/v armed with weapon: 5 years imprisonment Robbery armed with offensive weapon: 7 years imprisonment Aggregate sentence: Special circumstances found – to ensure maximum supervision to assist the offender in reintegration into the community. I recommend that supervision include ongoing treatment and/or counselling in re drug & alcohol and mental health issues. Sentenced to a term of imprisonment for 8 years comprising of a NPP of 5 years to commence on 21 November 2017 and expiring on 20 November 2022, and a balance of term of 3 years to commence on 21 November 2022 and to expire on 20 November 2025. Catchwords: CRIMINAL – Sentence - armed with an offensive weapon - attempt to take motor vehicle with assault while armed – offences committed while on parole –- mid-range of objective seriousness - severe poly-substance use disorder - institutionalisation - poor prospects of rehabilitation - aggregate sentence subjective matters - resident at program to assist offenders reintegrate into the community Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson and Houlton 49 NSWLR 383 R v McVittie [2002] NSWCCA 344,\ R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v Moffatt (1990) 20 NSWLR 114 Callaghan v R [2006] NSW CCA 58 Bugmy v The Queen [2013] HCA 37 Category: Sentence Parties: REGINA Donny James TOMPKINS Representation: Solicitors: CROWN: MS N SAWAGID F/W: MR J ELLIOTT File Number(s): 2016/00089071; 2016/00158989