R v Doidge [2019] NSWDC 228

District Court New South Wales

Medium Neutral Citation: R v Doidge [2019] NSWDC 228 Hearing dates: 18 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Sentenced to a non‑parole period of two years and two months to date from 6 June 2017 and expire on 5 August 2019. The total term of the sentence is three years and seven months which dates from 6 June 2017 and expires on 5 November 2020. No action on bond breaches. Catchwords: Sentencing – robbery armed with offensive weapon - dysfunctional background – mental health issues – special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Bugmy v R [2013] HCA 37 Imbornone v R [2017] NSWCCA 144 R v Henry (1999) 46 NSWLR 346 Veen v R (No 2) [1998] HCA at 14 Category: Sentence Parties: Regina (Crown) Damian Duane DOIDGE (Offender) Representation: Counsel: Mr Segal of Counsel for the Offender

Solicitors: Ms R Thoms-Packer for the Crown File Number(s): 2017/170240 Publication restriction: Nil

SENTENCE - EX tempore revised 1. HER HONOUR: Damian Duane Doidge, 27 years of age, appears for sentence in relation to one offence of robbery whilst armed with an offensive weapon, pursuant to s 97(1), Crimes Act. The maximum prescribed penalty for that offence is 20 years imprisonment. There is no prescribed standard non‑parole period. 2. The offender is also to be dealt with for one offence on a s 166 Certificate of self-administer prohibited drug, an offence pursuant to s 12(1), Drug Misuse and Trafficking Act. The relevant drug was heroin. The maximum prescribed penalty for that offence is two years imprisonment and/or a $2,200 fine. 3. The offender pleaded guilty on 3 July 2018 at the Gosford District Court. That was the first day of trial. Having regard to the timing of the plea, I propose to allow discount on sentence of 10%. 4. The offender has been in custody since his date of arrest which was 6 June 2017. He has served a period of four months since that time being a balance of parole between 7 June 2017 and 6 October 2017 in circumstances where he was bailed refused for the offence of robbery armed with an offensive weapon. There was no prospect of him re-entering parole. In those circumstances, I propose to exercise my discretion and date today's sentence from 6 June 2017.