R v Al-Basry; R v Robinson [2019] NSWDC 437

District Court New South Wales

Medium Neutral Citation: R v Al-Basry; R v Robinson [2019] NSWDC 437 Hearing dates: 26 April 2019; 16 May 2019 Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Al-Basry: A sentence of imprisonment of 3 years, 2 months with a non-parole period of 2 years, 1 month: at [36]. Robinson: A sentence of imprisonment of 3 years with a non-parole period of 2 years: at [36]. Catchwords: SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Aggravating factors — Home of victim or any other person — Planned or organised criminal activity — Record of previous convictions SENTENCING — Relevant factors on sentence — Co-offenders — Parity SENTENCING — Relevant factors on sentence — Form 1 offences Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomas [2007] NSWCCA 269 McDowall v The Queen [2019] NSWCCA 29 Jinnette v R [2012] NSWCCA 217 Bugmy v The Queen (1990) 169 CLR 525 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)

Ahmad Al-Basry (Offender)

Steven Robinson (Offender) Representation: Ms A James (Crown)

Ms N Carroll (Offender – Al-Basry)

Ms A Chauvet (Offender – Robinson) File Number(s): 2018/148197; 2018/148212

Judgment 1. Steven Robinson, aged 38 and Ahmad Al-Basry, aged 25, both appear for sentence having pleaded guilty to a charge under s 112(2) of the Crimes Act 1900 of aggravated break and enter and commit a serious indictable offence, namely robbery while armed with an offensive weapon that arose out of an incident on 10 May 2018 when they went to the home of the 69 year old victim, Susan Highland, who it seemed had previously provided cannabis to at least one of them. The maximum penalty for this offence is 20 years imprisonment with a standard non-parole period of five years. These penalties are yardsticks in the sentencing process to be carried out in the light of the purposes of sentencing in s 3A of the Crimes (Sentencing Procedure) Act 1999. 2. It is common ground that a discount of 25% on any term of imprisonment should be allowed for the utilitarian value of the guilty pleas. It is also conceded by the representatives of both offenders that the s 5 threshold has been crossed and that there is no alternative to a term of fulltime custody. Both offenders have been in custody since their arrest on 10 May 2018 and the term of imprisonment will commence on that date. 3. Each offender has charges to be dealt with on a Form 1 of take and drive a conveyance without the consent of the owner, which carries a maximum penalty of five years imprisonment if dealt with in this court or two years in the Local Court. I will deal with that in the way suggest by the Chief Justice in the guideline judgment on Form 1 matters. 4. There is a related offence for Mr Al-Basry of negligent driving. I will indicate that I will deal with that by recording a conviction but impose no further penalty.