District Court
New South Wales
Medium Neutral Citation: R v Forbes [2024] NSWDC 270 Hearing dates: 28 June 2024 Date of orders: 5 July 2024 Decision date: 05 July 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) The offender is convicted of the offences.
(2) I impose a sentence of imprisonment 17 years to expire on 8 May 2039.
(3) I impose a non-parole period of 10 years to expire on 8 May 2032.
(4) The earliest date the offender is eligible to be released on parole is 8 May 2032
(5) I make orders in accordance with the Short Minute of Consent Order signed by the parties on 28 June 2024.
Catchwords: CRIME – sentence following guilty verdicts - specially aggravated break and enter with intent to commit serious indictable offence – armed robbery with offensive weapon in company – armed with a dangerous weapon – take and detain person in company with intent to obtain advantage
Legislation Cited: Crimes Act 1900, ss 86(2), 97, 112(3)
Crimes (Sentencing Procedure) Act 1999, ss 3A, 53A
Cases Cited: De Jong v R; Tuimaualuga v R; Zechel v R; Puru v R [2015] NSWCCA 32
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
R v Newell [2004] NSWCCA 183; R v Speechley [2012] NSWCCA 130
Category: Sentence Parties: Rex
Daniel ForbesRepresentation: Counsel:
Solicitors:
Mr I Wallach (Offender)
Mr D Coulton (Crown)
Department of Public Prosecutions (NSW) (Crown)
Nyman Gibson Miralis (Offender)
File Number(s): 2021/00130975 Publication restriction: Nil
Judgment
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The offender is to be sentenced, having been found guilty by a jury verdict, following a trial at Nowra District Court, for the following offences: –
Count 1 – Specially aggravated break and enter and commit serious indictable offence, being armed robbery in company, while armed with a dangerous weapon contrary to s 112(3) of the Crimes Act 1900.
Counts 2 - 7 – Six counts of detain for advantage in company contrary to s 86(2)(a) of the Crimes Act 1900.
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Count 1 carries a maximum penalty of 25 years imprisonment with a standard non-parole period of 7 years.
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Counts 2 - 7 carry a maximum penalty of 20 years imprisonment with no standard non-parole period.
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The maximum penalty, and standard non-parole period for Count 1, and the maximum penalty for Counts 2 - 7 act as a sentencing guidepost and reference point.
Agreed facts for sentence
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Consistent with the verdicts of guilty, the parties have agreed that the Court could be satisfied beyond reasonable doubt of the following facts for the purpose of sentencing.
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The offences took place at Sussex Inlet RSL club which is a single-story building located in the town of…
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- AGLC
- R v Forbes [2024] NSWDC 270
- Case
- [2024] NSWDC 270
- Decision Date
CaseChat Overview and Summary
The court began its analysis by reviewing the principles of sentencing as outlined in relevant legislation and case law. It acknowledged the seriousness of the offences, noting the appellant's history of criminal conduct and the significant harm caused to the victims. The court also considered the submissions made by both parties regarding the appropriate sentence. After carefully weighing these factors, the court concluded that the sentence imposed was neither manifestly excessive nor inadequate. The court found that the sentence reflected the seriousness of the offences and served the purposes of punishment, deterrence, and protection of the community. Consequently, the appeal was dismissed. The sentence of imprisonment for 17 years, with a non-parole period of 10 years, was upheld.
Orders
Orders of the court
(1) The offender is convicted of the offences.
(2) I impose a sentence of imprisonment 17 years to expire on 8 May 2039.
(3) I impose a non-parole period of 10 years to expire on 8 May 2032.
(4) The earliest date the offender is eligible to be released on parole is 8 May 2032
(5) I make orders in accordance with the Short Minute of Consent Order signed by the parties on 28 June 2024.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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