R v Bhatia [2019] NSWDC 570

District Court New South Wales

Medium Neutral Citation: R v Bhatia [2019] NSWDC 570 Hearing dates: 05 July 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 4 years with a non-parole period of 2 years 9 months Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — General principles Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Liu v R; LV v R [2017] NSWCCA 148 R v Henry & Ors (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Yatin Kumar Bhatia (Offender) Representation: Andrew Kemp (Crown) Grainne Marsden (Offender)

Director of Public Prosecutions (NSW) (Crown) Legal Aid Commission (NSW) (Offender) File Number(s): 2018/00385538

EX TEMPORE REVISED JUDGEMENT

Introduction 1. Yatin Kumar Bhatia is to be sentenced for one offence of robbery armed with an offensive weapon contrary to s 97(1) Crimes Act 1900 for which the maximum penalty is imprisonment for 20 years.

The Timing of the Plea 1. He pleaded guilty in the Local Court to that charge; however, particulars of the money stolen were apparently inaccurate and therefore, he was arraigned on an indictment containing one count alleging the offence with the correct quantity of money specified. Ultimately, in my assessment, the precise sum is a matter of particulars rather than a defect going to the essence of the charge, but, one way or another, he pleaded guilty to the charge alleging the offence on 1 November 2018 at Ryde upon a person named GZ in circumstances where the offender was armed with a knife and took from GZ $290. 2. Having admitted his guilt in respect of the essence of the matter from early on in these proceedings he is entitled to a discount of 25% to the sentence that would have otherwise been imposed upon the synthesis of objective and subjective material, including his contrition and remorse, which I accept, and his prospects for rehabilitation. The sentence I have adopted for this matter has been rounded down to be expressed in years and in the case of the non‑parole period years and months for ease of expression and, thus the discount that he has ultimately been granted is slightly more than 25%.