R v Sam Michael Booth [2018] NSWDC 250

District Court New South Wales

Medium Neutral Citation: R v Sam Michael Booth [2018] NSWDC 250 Hearing dates: 6 September 2018 Decision date: 12 September 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [60] Catchwords: Aggravated robbery; intimidation (domestic violence related) Legislation Cited: Crimes Act 1900 Crimes (Personal and Domestic Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Baradi v R [2018] NSWCCA 143 Diaz v R [2018] NSWCCA 33 Pearce v R (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 Veen v R (No 2) 1998 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown Solicitor) Sam Michael Booth (Offender) Representation: Solicitors: A Horowitz (Crown) R Thomas (Offender) File Number(s): 17/312261 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender, who was born on 28 September 1991, is being sentenced in respect of two offences that occurred between 14 October 2017 and 16 October 2017. The offences are as follows: 1. Sequence 1 - Aggravated robbery pursuant to s 95(1) of the Crimes Act 1900. The maximum penalty for this offence is 20 years imprisonment. There is no Standard Non-Parole Period. 2. Sequence 5 - Intimidation pursuant to s 13(1) of the Crimes (Personal and Domestic Violence) Act 2007 ("C(P&D)A"). The maximum penalty for this offence is five years imprisonment and there is no Standard Non‑Parole Period proscribed. 1. The offender was arrested on 17 October 2017 and has been in custody since that date. 2. The offender has asked that three matters be dealt with on a Form 1 in respect of the charge of aggravated robbery. They are as follows: 1. H 66236443/Sequence 2 – detain person without consent with intent to commit serious indictable offence. 2. H 66236443/Sequence 3 – Common assault 3. H 66236443/Sequence 4 – Intimidation The offender has admitted his guilt in respect of each of these three matters on the Form 1.