R v Cummins [2018] NSWDC 442

District Court New South Wales

Medium Neutral Citation: R v Cummins [2018] NSWDC 442 Hearing dates: 15 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [88] Catchwords: CRIME – robbery – aggregate sentence – totality Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ionatana v R [2008] NSWCCA 95 R v McNaughton (2006) 66 NSWLR 566 Texts Cited: None Category: Sentence Parties: Crown Paul Cummins (Offender) Representation: Counsel: B Robinson (Offender)

Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2016/303518 Publication restriction: None

Remarks on Sentence

Introduction 1. The offender appears before the Court today for sentencing after pleading guilty to the charges on the Crown Sentence Summary.

The Charges 1. The first charge for which the offender is to be sentenced is that on 9 October 2016 he assaulted Arie Broekhuizen with intent to take a motor vehicle and took over motor vehicle, namely a silver Holden Commodore without the consent of the owner, in breach of s154C(1)(a) of the Crimes Act 1900. 2. The second count relates to an event that occurred on the same date, 9 October 2016, at which time the offender robbed Jerome San Juan of certain property, namely $4,444 in cash being the property of J R Enterprises Pty Limited trading as Crocodile Farm Hotel whilst armed with an offensive weapon namely a knife, in contravention of s97(1) of the Crimes Act 1900. 3. Attaching to the second count is a Form 1 matter, namely robbery armed with an offensive weapon. I have signed the Form 1 document certifying that the matter will be taken into account in sentencing in relation to the second count. 4. The third count is that on 10 October 2016, the offender stole a Toyota Hiace Van, the property of Mamata Pty Limited, in contravention of s154A(1)(a) of the Crimes Act 1900. 5. The fourth and final count is that on the same day, namely 10 October 2016, the offender robbed Marina Strougaris of certain property, namely $700 in cash, the property of Australia Post trading as the Ashfield Post Office whilst being armed with an offensive weapon, namely a knife, in contravention of s97(1) of the Crimes Act. 6. Attaching to count 4 are two further charges of robbery armed with an offensive weapon. I have signed the Form 1 document relating to those additional charges certifying that they have been taken into account in the sentencing process.