R v RYAN [2019] NSWDC 650

District Court New South Wales

Medium Neutral Citation: R v RYAN [2019] NSWDC 650 Hearing dates: 11 July 2019 Date of orders: 13 August 2019 Decision date: 13 August 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate sentence of four years to date from 23 May 2019 and expire on 22 May 2023 and a non parole period of two years to date from 23 May 2019 and expire on 22 May 2021. Catchwords: CRIMINAL – sentencing – robbery – retail outlets- mental health issues - totality Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v R [2007] NSWCCA 1 Category: Sentence Parties: Regina (Crown) Robert Mark RYAN (Offender) Representation: Counsel: Ms H Cantor and Mr Harris for the Crown

Solicitors: Ms L Manookian for the offender File Number(s): 2018/00361758 Publication restriction: Nil

SENTENCE 1. Robert Ryan (27 years of age) appears for sentence in relation to two offences of robbery pursuant to s 94(a) of the Crimes Act. Each offence was committed on 23 November 2018 at the Lake Haven Shopping Centre. The maximum prescribed penalty for each offence is 14 years' imprisonment. There is no prescribed standard non parole period. 2. The offender pleaded guilty on 16 April 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence in respect of each offence of 25%. 3. The offender has been in custody since his arrest on 23 November 2018. He has been serving a balance of parole of two years, 11 months and 21 days to date from 23 November 2018 expiring on 12 November 2021. In circumstances where one of the reasons for the revocation of the parole was the commission of these offences, I propose to backdate the sentence imposed today to 23 May 2019.