R v Langier [2019] NSWDC 412

District Court New South Wales

Medium Neutral Citation: R v Langier [2019] NSWDC 412 Hearing dates: 11 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Robbery armed with an offensive weapon – convicted and sentenced to a non-parole period of two years and two months to date from 27 April 2018 and expire on 26 June 2020. The total term of imprisonment is three years and four months which will expire on 26 August 2021. Carry Cutting weapon – convicted and ordered to comply with a Community Corrections Order for a period of 12 months pursuant to s 8 of the Crimes (Sentencing Procedure) Act to commence today on the standard conditions. Catchwords: CRIMINAL LAW – sentence – robbery with an offensive weapon – mental health issues – special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP Commonwealth v De La Rosa [2010] NSWCCA 94 R v Henry [1999] 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Douglass Cori Langier (Offender) Representation: Counsel: Ms Hennessey (Offender)

Solicitors: Ms N Rowe (Crown) Legal Aid NSW (Offender) File Number(s): 2018/00133552

SENTENCE 1. Douglass Cori Langier, 27 years old, appears for sentence in relation to one offence of robbery armed with an offensive weapon pursuant to s 97(2), 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 being sentenced for one offence on a s 166 certificate of carry cutting weapon, an offence pursuant to s 547D, Crimes Act. The maximum prescribed penalty for that offence is six months imprisonment and/or a fine of $550. 3. The offender pleaded guilty on 2 October 2018 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 4. The offender has been in custody bail refused since his arrest on 27 April‑‑ 5. OFFENDER: I'm smacked as well which means I'm in protection. 6. MANOOKIAN: I think he is just telling your Honour about his protection status in custody. 7. OFFENDER: Yes I'm saying I'm smacked, I'm in protection custody as well. Do I get time off for that or? 8. HER HONOUR: Mr Langier, you can't keep interrupting my reasons unless you can't see me or hear me. 9. OFFENDER: Okay, sorry. Sorry. 10. HER HONOUR: Do you understand that? 11. OFFENDER: Yeah, yeah, okay. Yeah sorry. 12. HER HONOUR: The offender has been in custody bail refused since his arrest on 27 April 2018. Accordingly, the sentence imposed today will be backdated to that date.