R v McLaughlin [2019] NSWDC 304

District Court New South Wales

Medium Neutral Citation: R v McLaughlin [2019] NSWDC 304 Hearing dates: 20 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: An aggregate sentence of five years imprisonment with a non‑parole period of three years and nine months, to date from 13 January 2019. Catchwords: CRIME — Violent offences — Robbery — Circumstances of aggravation SENTENCING — Penalties — Imprisonment Legislation Cited: Crime( Sentencing Procedure) Act 1999 Crimes Act Cases Cited: R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) David McLaughlin (Offender) Representation: Solicitors: Mr Cromer (Crown) Ms Hedberg (Offender) File Number(s): 2018/00273348

Judgment

HIS HONOUR: 1. David McLaughlin appears before me for sentence. He has pleaded guilty to one count of robbery armed with an offensive weapon contrary to s 97(1) of the Crimes Act which carries a maximum penalty of 20 years imprisonment. There is no standard non-parole period. He has also pleaded guilty to a charge of common assault contrary to s 61 of the Crimes Act which carries a maximum penalty of two years imprisonment. 2. He has asked the Court to take into account one matter on a Form 1, which is resist officer in the execution of his duty. The maximum penalty for that offence is five years. I intend to take into account the Form 1 in relation to sequence 1. The maximum penalty is an important guide post in the assessment of sentence. A judge should steer by the maximum penalties but not aim for them.