R v Daniel Gersbach [2018] NSWDC 341

District Court New South Wales

Medium Neutral Citation: R v Daniel Gersbach [2018] NSWDC 341 Hearing dates: 19 October 2018 Decision date: 21 November 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence to be served by Intensive Correction Order, with conditions. For orders see [72] Catchwords: Robbery in company – commit serious indictable offence Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Le v R [2017] NSWCCA 26 Category: Sentence Parties: Director of Public Prosecutions (Crown) Daniel Gersbach (Offender) Representation: Counsel: P Butterfield (Offender)

Solicitors: S Croner (Crown) File Number(s): 16/368065 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is charged with one offence pursuant to s 97(1) of the Crimes Act 1900 for robbery in company – commit serious indictable offence. The maximum penalty proscribed is 20 years imprisonment and there is no Standard Non-Parole Period. 2. The offence occurred on 8 December 2016. The offender was at that time subject to a s 10 bond to be of good behaviour for a period of 12 months imposed on 7 December 2016 for an offence of destroy or damage property. 3. The co-offender, OVB, was sentenced at Bidura Children's Court on 7 March 2017 as follows: 1. Robbery in company – detention for 15 months to date from 8 December 2016 and to expire on 7 March 2018 with a non-parole period of 5 months. 2. Affray – detention for 12 months to date from 8 December 2016 and to expire on 7 December 2017, with a non-parole period 4 months. 1. The offender was born on 2 September 1998 and therefore he was aged 18 years and 3 months at the date of the offence.