R v Forsythe [2020] NSWDC 99

District Court New South Wales

Medium Neutral Citation: R v Forsythe [2020] NSWDC 99 Hearing dates: 3 April 2020 Decision date: 09 April 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [85] Catchwords: Multiple offences of aggravated robbery; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Hejazi v R (2009) 217 A Crim R 151 R v Atonio (2005) 154 A Crim R 183 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Director of Public Prosecutions (Crown) Possi Forsythe (Offender) Representation: Counsel: Ms I Maxwell-Williams (Crown) Ms J Gallagher (Offender)

Solicitors: File Number(s): 19/118003 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of two charges of aggravated robbery pursuant to s 95(1) of the Crimes Act 1900 (Sequences 5 and 6). Both of the offences occurred on the same day but related to different victims. The maximum penalty proscribed for each is 20 years imprisonment and there is no Standard Non-Parole Period. The offender has asked that three additional charges be dealt with on a Form 1. They are as follows: Sequence 1 – Aggravated enter dwelling with intent to commit serious indictable offence knowing people were there. Sequence 3 – Passenger not disclose driver's other passenger's identity. Sequence 4 – Passenger not disclose driver's other passenger's identity. 1. The first of those three offences was an offence pursuant to s 111(2) of the Crimes Act 1900. The maximum penalty for that offence is 14 years imprisonment. Sequences 3 and 4 constituted offences pursuant to s 16(2) of the Law Enforcement (Powers and Responsibilities) Act 2002. The offender has admitted his guilt in respect of each of the three offences and has asked that they be taken into account on sentence in respect of the second aggravated robbery offence (Sequence 6), of which Mr Naeem was the victim. 2. The two index offences occurred on 13 April 2019 and the offender was arrested on 15 April 2019 and has been in custody since that time.