Read full details here: https://www.caselaw.nsw.gov.au/decision/5d54e7d0e4b0c3247d7111ef
- Medium Neutral Citation:
- R v Minkley [2019] NSWDC 422
- Hearing dates:
- 26 July 2019
- Date of orders:
- 09 August 2019
- Decision date:
- 09 August 2019
- Jurisdiction:
- Criminal
- Before:
- Weber SC DCJ
- Decision:
- (1) The offender is convicted of each count set forth in the indictment.
(2) The offender is sentenced to a term of imprisonment of 4 years and 8 months with a non-parole period of 3 years and 6 months.
(3) Pursuant to the provisions of section 47 of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Court directs that such term of imprisonment shall commence on 19 November 2018 and that the non-parole period shall expire on 18 May 2022 with the balance of the sentence to expire on 18 July 2023.
(4) Pursuant to the provisions of section 18B of the Drug Court Act 1998 (NSW), the offender is referred to the Drug Court. - Catchwords:
- CRIME – Armed robbery – offensive weapon – where offender armed with machete – where offender robbed hairdresser and pharmacy – where small amount of money taken
SENTENCING -Relevant factors on sentence – Objective seriousness – considerable similarity to guideline judgment in R v Henry – offences in the low/mid and mid-range – Aggravating factors – breach of conditional liberty – planned or organised criminal activity – record of previous convictions including crimes of violence – medium/high risk of re-offending – Other matters – offences motivated by drug addiction – remorse shown – early guilty plea – no injury to persons – form 1 matters
SENTENCING – Multiple offences – Aggregate sentences – Imprisonment – referral to Drug Court
- Legislation Cited:
- Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Drug Court Act 1998 (NSW)
Drug Court Regulation 2015 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW) - Cases Cited:
- Chung v R [2017] NSWCCA 48
Johan v R [2015] NSWCCA 58
Markarian v The Queen (2005) 228 CLR 357
R v Henry (1999) 46 NSWLR 346 - Category:
- Sentence
- Parties:
- Regina (Crown)
Nathan Minkley (Offender) - Representation:
- Counsel:
Mr B. Green (Offender)Solicitors:
Mr E. Navea (ODPP)
Mr P. Cox (Offender) - File Number(s):
- 2018/00355838