R v Alvarez

[2020] NSWDC 680

District Court

New South Wales

Medium Neutral Citation:

R v Alvarez [2020] NSWDC 680

Hearing dates:

08 September 2020

Date of orders:

08 September 2020

Decision date:

08 September 2020

Jurisdiction:

Criminal

Before:

ML Williams SC DCJ

Decision:

An aggregate term of imprisonment of two years and six months to be served by way of an intensive corrections order pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999: [35].

Catchwords:

SENTENCING — Mitigating factors — Good character — Plea of guilty — Rehabilitation — Remorse — Unlikely to re-offend

SENTENCING — Penalties — Intensive correction orders

SENTENCING — Relevant factors on sentence — Co-offenders — Deterrence — Factual basis for sentence — Maximum penalty — General principles — Multiple offences — Purposes of sentencing

SENTENCING — Subjective considerations on sentence — Aboriginal offenders — Age of offender — Bail pending sentence — Drug addiction — Mental illness

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

Gadsden v The Queen [2005] NSWCCA 453

R v Blackman and Walters [2001] NSWCCA 121

R v Govinden [1999] NSWCCA 118

R v Henry (1999) 46 NSWLR 346

Tepania v The Queen [2018] NSWCCA 247

Yardley v Betts (1979) 22 SASR 108

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)

Patrick Alvarez (Offender)

Representation:

Mr G Gaynor (Solicitor for the Crown)

Mr J Cooper (Solicitor for the Offender)

File Number(s):

2018/317707

Judgment

1. Patrick Alvarez, now aged 27, appears for sentence having pleaded guilty to two counts of robbery in company under s 97(1) of the Crimes Act 1900 which carries a maximum penalty of 20 years imprisonment, with no standard non-parole period.

2. Pleas were entered in circumstances in which it is common ground, attract a 10% discount for count 1 and 25% discount for count 2, for the utilitarian value of the pleas. The purposes of sentencing in s 3A of the Crimes (Sentencing Procedure) Act 1999 must be taken into account, and the maximum penalty is a yardstick in the sentencing process.

3. He served six days in custody after his arrest on 17 October 2018, before being granted bail.

4. His co-offender, only a year younger than Alvarez, is proceeding to trial at Queanbeyan District Court next year.

5. The first count concerns a robbery at the United Service Station at Sutton about 11.45pm on Tuesday 16 October. His co-offender opened the door of the service station and walked in wearing a black hoodie. Alvarez held the door open. As is usually the case, the offending was caught on CCTV. The co-offender approached the counter, produced a 40 centimetre knife and demanded money and cigarettes from the attendant. He handed over the till, containing $500 in Australian currency, and 31 packets of Winfield cigarettes valued at $1,200. The co-offender was yelling, “Get the money and more cigarettes.” They left, got into a car and drove south.

6. About 3am the next day, or about three hours later, they went to…