NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Mafi [2019] NSWDC 340 Hearing dates: 17 April 2019; 16 May 2019; 5 July 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: Applying a 25% discount for an early plea of guilty, I sentence you to three years imprisonment. The sentence is to be backdated to the day you were taken into custody on 26 July 2018. I set a non-parole period of 18 months, which will expire on 25 January 2020. You will be eligible for release on that day. In setting that non-parole period, I find special circumstances, including the prospect of your rehabilitation from drugs, and the physical and sexual abuse and the disadvantage you suffered as a child.
You are convicted of the following offence:
(1) aggravated robbery – inflict actual bodily harm pursuant to section 95(1) of the Crimes Act 1900;
You are sentenced to a term of imprisonment for 3 years.
The sentence will be backdated to the date you were taken into custody being 26 July 2018 and will expire on 25 July 2021.
I set a non-parole period of 18 months. You will be eligible for release on 25 January 2020. Catchwords: SENTENCING — Aggravated robbery – inflict actual bodily harm – Aggravating factors — In company, prior record of convictions, breach of conditional liberty — Mitigating factors — plea of guilty, injury and loss not substantial, not planned, good prospects of rehabilitation, remorse — Penalties — Imprisonment Legislation Cited: Crimes Act 1900, s95 Crimes (Sentencing Procedure) Act 1999, ss3A, 5, 21A, 24, 25D, 66 Cases Cited: Azzi v R [2008] NSWCCA 169 Bugmy v The Queen [2013] HCA 37 Chung v R [2017] NSWCCA 48 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 R v Henry [1999] NSWCCA 111 R v Pullen [2018] NSWCCA 264 McDonald v R [2015] NSWCCA 280 Category: Sentence Parties: Regina (Crown) Patrick Mafi (Offender) Representation: Solicitors: Ms Donovan (Crown) Ms Mason (Mafi) File Number(s): 2018/229208
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