R v Sebbens [2020] NSWDC 213

District Court New South Wales

Medium Neutral Citation: R v Sebbens [2020] NSWDC 213 Hearing dates: 20 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: An aggregate term of imprisonment of 4 years 2 months with a non-parole period of 2 years 10 months: at [24]. Catchwords: CRIME — Violent offences — Armed robbery — Robbery SENTENCING — Penalties — Imprisonment SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Relevant factors on sentence — Factual basis for sentence — Form 1 offences — Moral culpability — Multiple offences — Objective seriousness SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Special circumstances Legislation Cited: Crimes Act 1900 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571 R v Henry (1999) 46 NSWLR 346 Texts Cited: Bugmy Bar Book Project Category: Sentence Parties: Regina (Crown)

Daniel Sebbens (Offender) Representation: Ms J Todhunter (Crown)

Mr J Brock (Counsel for the offender) File Number(s): 2019/104300

Judgment 1. Daniel Sebbens is now 39 years of age, he has, as Mr Brock put on his behalf, had a wretched start in life and he has spent 16 out of the last 20 years in custody. His background brings into play the full constellation of Bugmy (Bugmy v The Queen (2013) 249 CLR 571) type features. 2. He appears for sentence having pleaded guilty to three offences: 1. Sequence 001: An offence contrary to s 97(1) of the Crimes Act 1900, of armed robbery, in which the offender was armed with an offensive weapon namely a knife. This offence carries a maximum penalty of 20 years imprisonment with no standard non-parole period. 2. Sequence 004: A robbery offence contrary to s 94(a) of the Crimes Act 1900. This offence carries a maximum penalty of 14 years imprisonment. As Mr Brock acknowledged this was probably preferred in circumstances where he was fortunate not to have been charged with armed robbery under s 97 of the Crimes Act 1900. 3. Sequence 005: An offence of being armed with a knife with intent to commit an indictable offence, namely intimidation, contrary to s 114(1)(a) of the Crimes Act 1900. This offence carries a maximum penalty of seven years imprisonment withno standard non-parole period.. 1. There is a Form 1 offence (sequence 003) to be dealt with in relation to sequence 005 of assaulting a police officer in the execution of duty contrary to s 60(1) of the Crimes Act 1900, which carries a maximum of five years. The Form 1 matter will be dealt in the way suggested by the Chief Justice in Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146.. 2. He has been in custody since his arrest on 3 April 2019 and it is common ground that no alternative to full-time imprisonment is appropriate. 3. He was subject to a section 9 bond for two years at the time of this offending which was imposed along with terms of imprisonment for a number of other offences at Nowra Court in June 2018. It is common ground that a short fixed term of imprisonment should be imposed in relation to the breach of the bond, and I will indicate that a three month term of imprisonment with an accumulation of one month will be imposed for that breach. 4. I took an unusual course, for me, and indicated to Mr Brock, having read the material, what sentences I was minded to impose before hearing oral submissions and Mr Brock, while frankly indicating that those suggested sentences were within range, admirably performed the task of counsel for an offender and has persuaded me that the final sentence to be imposed should be somewhat less than my original indication.