R v Yong [2019] NSWDC 769

District Court New South Wales

Medium Neutral Citation: R v Yong [2019] NSWDC 769 Hearing dates: 22 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate term of imprisonment of 3 years 4 months with a non-parole period of 2 years Catchwords: CRIME — Violent offences — Common assault CRIME — Violent offences — Robbery in company SENTENCING — Non-parole period — Ratio of the non-parole period and balance of term Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 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 Category: Sentence Parties: Regina (Crown) Raymond Leong Saint Yong (Offender) Representation: Ben Allison (Crown) Daniel Petrushnko (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) File Number(s): 2018/00070680

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Raymond Leong Yong was presented for trial in the District Court of New South Wales due to commence on 26 August 2019. Negotiations were underway between the parties and ultimately a plea of guilty was entered on 28 August 2019, two days after the trial was due to commence.

THE OFFENCES 1. The pleas of guilty were to offences of common assault contrary to s 61 Crimes Act 1900 for which the maximum penalty is imprisonment for two years and robbery in company contrary to s 97(1) Crimes Act 1900 for which the maximum penalty is imprisonment for 20 years. 2. There is no standard non‑parole period for the offences for the purposes of Part 4, Division 1A Crimes (Sentencing Procedure) Act 1999. 3. There is a third count on the indictment specifying an offence of larceny of a Rolex watch, the property of the victim in the other two charges; that has been included in a Form 1 signed on behalf of the Crown and by the offender, together with an offence of possessing 4.3 grams of methylamphetamine. 4. The offender asks that those offences be taken into account when I determine sentence for the robbery in company offence. I intend to do so and I will certify the document accordingly.