R v Aaron Clark

[2013] NSWDC 34

District Court

New South Wales

Medium Neutral Citation:	R v Aaron Clark [2013] NSWDC 34
Hearing dates:	15 March 2013; 28 March 2013
Decision date:	28 March 2013
Before:	Judge Haesler SC
Decision:	Aggregate Sentence of 5 years 6 months, NPP of 3 years.
Catchwords:	robbery, supply prohibited drug, accessory after the fact to robbery, accessory before the fact to robbery, aggregate sentence
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedures) Act 1999. Drug Misuse and Trafficking Act 1985 Evidence Act 1995
Cases Cited:	DPP Cth v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 The Queen v De Simoni (1981) 147 CLR 383 R v Grube [2005] NSWCCA 140 Henry v R (1999) 46 NSWLR 346 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 Markarian v The Queen (2005) CLR 357; R v MJR (2002) 54 NSWLR 368; (2002) 130 A Crim R 481 The Queen v Olbrich (1999) 199 CLR 270; Pearce v The Queen (1998) 194 CLR 610 Power v The Queen (1974) 131 CLR 623 Portolesi [2012] NSWCCA 157. Postliglione v The Queen (1997) 189 CLR 295 Weininger v The Queen (2003) 212 CLR 629
Texts Cited:	Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, 56 NSWLR 146 Research Monograph 30, (2007), Judicial Commission of NSW "Sentencing Robbery Offences since the Henry Guideline". Does Imprisonment Deter: A Review of the Evidence. D Ritchie, for Sentencing Advisory Council Victoria, April 2011
Category:	Sentence
Parties:	Regina (Crown) Aaron Clark (Accused)
Representation:	Mr D Williams (Crown) Mr P Kintominos (for the accused)
File Number(s):	2011/295268

SENTENCE Judgment

Introduction

1. Aaron Clark was arrested on 13 September 2011. He was only 19. He has been in custody since that date. The number and seriousness of his crimes mean he must spend longer in custody; despite his youth, immaturity and the considerable improvement he has shown since coming into custody.

1. He was born in Campbelltown. He was educated locally and did well at sport. His parents separated when he was very young. He has lived with both at various times. Both attended court to support him. When he was eleven he saw his brother hit by a car and seriously injured. He took up the use of illicit drugs while young. It seems he preferred the company of peers with little respect for the community and our laws rather than those in his family who hold pro social views.

1. He had come before the Local Court in June 2010 and had been dealt with leniently. A year later he appeared in court again on driving and drug charges. Again, he failed to take advantage of the cautions he would have been given.

1. There was discussion in court on 15 March 2013 about whether Mr Clark was a follower or a leader. It is not a particularly useful distinction to draw. What matters is this; between February 2011 and August…