R v Close [2018] NSWDC 352

District Court New South Wales

Medium Neutral Citation: R v Close [2018] NSWDC 352 Hearing dates: 29 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Term of imprisonment of 3 years with a non-parole period of 2 years Catchwords: SENTENCING – robbery in company – guideline judgment factors – offender with considerable criminal history as a child Legislation Cited: Crimes Act 1900 Criminal (Sentencing Procedure) Act 1999 Cases Cited: R v Henry (1999) 46 NSWLR 346 R v McNaughton (2006) 66 NSWLR 566 Texts Cited: None Category: Principal judgment Parties: Regina (Crown) Dallas Timothy Close (Offender) Representation: Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2017/254785 Publication restriction: None

Judgment

INTRODUCTION 1. The Offender appears before the Court for sentencing in relation to a single offence, set out in the Crown Sentence Summary namely, robbery in company, in contravention of s 97(1) of the Crimes Act.

GUIDEPOSTS 1. The maximum penalty applicable to that offence is 20 years imprisonment and there is no standard non parole period.

PROCEDURAL HISTORY 1. The offending occurred on 20 August 2017 at a time when the Offender was on parole in relation to earlier offending. He was arrested on 21 August 2017. He then served the balance of his parole period from 21 August 2017 to 28 January 2018 and from 29 January 2018 he has been in custody in respect of this offence only.

EVIDENCE ON SENTENCE 1. The evidence on sentence comprised: 1. the Crown Bundle (Exhibit A); 2. a Breach of Parole Report (Exhibit B); 3. the Offender's Bundle (Exhibit 1); 4. the Crown's submissions (MFI 1); 5. submissions for the Offender (MFI 2).