NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Phelan [2020] NSWDC 219 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 with a non-parole period of 2 years, 3 months: at [37]. Catchwords: CRIME — Violent offences — Demanding property with menaces — Detain for advantage SENTENCING — Penalties — Imprisonment SENTENCING — Aggravating factors — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Factual basis for sentence — Form 1 offences — Multiple offences — Objective seriousness SENTENCING — Subjective considerations on sentence — Age of offender — Drug addiction — 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 BP v The Queen [2010] NSWCCA 159 Imbornone v R [2017] NSWCCA 144 R v Qutami (2001) 127 A Crim R 369 R v Shankley [2003] NSWCCA 253 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Tate Phelan (Offender) Representation: Mr J Mehta (Crown)
Mr P Johnson (Counsel for the offender) File Number(s): 2018/139900
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