R v Nikolovski [2018] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: R v Nikolovski [2018] NSWSC 1156 Hearing dates: 2 February 2018 and 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: 1 For the offence of the robbery whilst armed with a dangerous weapon committed on 7 March 2015, at Wickham in the State of New South Wales, the offender, Jesse Nikolovski is convicted. 2 I sentence him to a term of 6 years imprisonment, to date from 11 November 2017 and expiring on 10 November 2023. 3 I specify a non-parole period of 3 years and 9 months, which will expire on 10 August 2021. 4 All charges referred to this Court on a s 166 certificate are dismissed. 5 I direct the Registrar of the Supreme Court to provide a copy of the report of Dr Sathish Dayalan dated 4 July 2018 to the Officer in Charge of Justice Health Catchwords: CRIME – SENTENCE – robbery whilst armed with a dangerous weapon – home invasion whilst co-offender armed with a shortened rifle – offender believed rifle to be unloaded – rifle discharged and occupant of the home killed – co-offender sentenced for murder – question of the liability of offender for the wounding of the deceased – parity with co-offender – offender serving sentences for other armed robberies - significant issue of totality Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: The Queen v Olbrich [1999] HCA 54; (1999) 199 CLR 270 Category: Sentence Parties: Regina Jesse Nikolovski Representation: Counsel: Mr L Carr as Crown Prosecutor Mr P Massey for offender