R v Mokomoko [2019] NSWDC 258

District Court New South Wales

Medium Neutral Citation: R v Mokomoko [2019] NSWDC 258 Hearing dates: 18 April 2019; 7 June 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is ordered to comply with a Community Correction Order for a period of 2 years with the following conditions: a) The offender must not commit any offence; b) The offender must appear before the court if called on to do so at any time during the term of the order; c) A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive a treatment as directed; d) An abstention condition requiring abstention from illicit drugs; e) A supervision condition requiring the offender to submit to supervision by a community corrections officer. Catchwords: SENTENCING — Penalties — Community Correction Order CRIME — Property offences — Robbery Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: The Queen v Pullen [2018] NSWCCA 264 Yardley v Betts (1979) 1 A Crim R 329 Category: Sentence Parties: Regina (Crown) Damien Mokomoko Representation: Solicitors: Mr Amvransis (Crown) Ms Connell (Offender) File Number(s): 2018/00020962

Judgment

INTRODUCTION 1. Damien Mokomoko appears before me for sentence in relation to one count of robbery contrary to the Crimes Act 1900 s 94 to which he has pleaded guilty to. The maximum penalty is 14 years imprisonment. The maximum penalty is a guidepost to which a judge should steer by but not aim for. He has spent 210 days in custody referable to this offence.