R v Moller [2018] NSWDC 355

District Court New South Wales

Medium Neutral Citation: R v Moller [2018] NSWDC 355 Hearing dates: 17 August 2018 Date of orders: 17 August 2018 Decision date: 17 August 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Term of imprisonment Catchwords: SENTENCE – armed robbery – toy gun – offensive weapon – robbery of chemist for painkillers Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Collier [2012] NSWCCA 213 R v Crowe [2011] NSWCCA 251 R v Henry (1999) 46 NSWLR 346 R v McNaughton (2006) 66 NSWLR 566 Turner v R [2011] NSWCCA 189 Texts Cited: None Category: Principal judgment Parties: Regina (Crown) Steven Carl Moller (Offender) Representation: Solicitors: ODPP (Crown) Panwar Legal (Offender) File Number(s): 2018/18061 Publication restriction: None

Judgment

INTRODUCTION 1. The offender, Steven Carl Moller, appears before the Court for sentencing after pleading guilty to the charge on the Crown Sentence Summary (Exhibit A) of robbery armed with an offensive weapon. There are no Form 1 or s 166 matters to which the Court is to have regard.

GUIDEPOSTS 1. Relevant to the sentencing exercise is the maximum penalty which applies to the offence, which I note is 20 years' imprisonment. Plainly, the section, that is, s97(1) of the Crimes Act, contemplates a wide range of offending and I will turn in a moment to where I consider this offence falls in the scheme of that. In relation to the charge there is no standard non parole period.