R v Krajewski, Miglio Alexander - [2017] NSWDC 383

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383
Hearing dates: 21 July 2017
Date of orders: 27 July 2017
Decision date: 27 July 2017
Jurisdiction: Criminal
Before: Judge S Norrish QC
Decision:
Matter adjourned to enable the offender to complete his rehabilitation at Odyssey House. For orders see [88]

Catchwords: CRIMINAL – Sentence – robbery whilst armed with an offensive weapon – Form 1offence – attempt to obtain prescribed prohibited substance – robbery of a pharmacy for prescription medication using a pair of scissors – s.11 remand – under the influence of drugs at the time of the offence – impulsive act lacking planning – 20 years old – prior drug-related offences – full discount for the early plea of guilty – parity considered where co-accused already sentenced in the Local Court to lesser offences – serious addiction to prescription drugs – diagnosed with Type 1 diabetes in 2009 – fluent in multiple languages and was studying political economic and social sciences at Sydney University – obtaining treatment at Odyssey House
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Mental Health (Forensic Provisions) Act 1990
Poisons and Therapeutic Goods Act 1999
Cases Cited: Legge v Regina [2007] NSWCCA 244
Muldrock v R (2011) 244 CLR 120
R v Farrell [2014] NSWCCA 30
R v Henry and Ors [1999] 46 NSWLR 346
R v Hopoi [2014] NSWCCA 263
R v Lattouf (NSWCCA, 12 December 1996, unreported)
R v Palu [2002] NSWCCA 381
R v Thompson and Houlton [2000] NSWCCA 309
R v Trindall [2002] NSWCCA 364
R v Yuksel [2012] NSWCCA 84
Category: Sentence
Parties: Regina (Crown)
Miglio Alexander Krajewski (Offender)
Representation: Counsel:
Ms Rafeeq (DPP Solicitor)
Ms Evans (Counsel)

File Number(s): 2016/002174312016/00362762
Publication restriction: Nil

SENTENCE

HIS HONOUR: The prisoner appears today for sentence in relation to an offence contrary to s 97(1) Crimes Act 1900, that is, robbery whilst armed with an offensive weapon. That offence carries a maximum penalty of 20 years imprisonment. There is no standard non parole period.
There is also a matter on a Form 1 to be taken into account, that is, an offence described as an ‘attempt to obtain prescribed restricted substance’, the facts of which are available in the file provided by the Crown, along with the facts in relation to the principal offence.
The offender pleaded guilty at the Local Court and I am proposing in due course to give the prisoner the benefit of a discount of 25% upon the otherwise appropriate sentence for the utilitarian benefit of the plea of guilty in accordance with the Thomson and Houlton decision of 1999 setting out a “guideline” in relation to providing discounts to recognise the utilitarian benefit of pleas of guilty.
The prisoner was arrested in relation to the current matter on 18 July 2016 and remained in custody for four months and three weeks from 18 July 2016 until 30 November 2016. He was granted Bail…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Krajewski, Miglio Alexander

Details

AGLC: R v Krajewski, Miglio Alexander [2017] NSWDC 383
Case: [2017] NSWDC 383
Decision Date: 27 July 2017

CaseChat Overview and Summary

The defendants, Krajewski and Miglio Alexander, were convicted of robbery committed with an offensive weapon and the attempted acquisition of a prohibited substance. The case was heard in the District Court of New South Wales. The primary dispute centred around the severity of the sentences given to the defendants, considering their backgrounds, the nature of the crime, and their cooperation with authorities.

The court was tasked with determining the appropriate punishment for the defendants, taking into account several mitigating and aggravating factors. These included the defendants' ages, prior criminal records, the lack of premeditation in the crime, their cooperation with authorities, and their personal circumstances. The court had to balance these factors against the gravity of the crime, which involved robbing a pharmacy at knifepoint and attempting to obtain prescription drugs under duress.

In delivering its judgment, the court recognised the defendants' early guilty pleas, which entitled them to a significant discount on their sentences. The court also noted the defendants' lack of prior planning and the impulsive nature of their actions, which were influenced by their drug addiction. The court acknowledged the defendants' efforts to address their drug addiction through treatment at Odyssey House. The court further considered the disparity in sentencing between the defendants and their co-accused, who had already been sentenced in the Local Court to lesser penalties. Ultimately, the court imposed sentences that reflected the defendants' backgrounds and the mitigating circumstances while ensuring the seriousness of the crime was duly recognised.

The court ordered the matter be adjourned to allow the defendants to complete their rehabilitation program at Odyssey House. The specific sentencing orders are detailed in the judgment at paragraph [88].

Orders

Orders of the court

Matter adjourned to enable the offender to complete his rehabilitation at Odyssey House. For orders see [88]

Background

Background to the litigation

Full text does not contain this section.

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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Medium Neutral Citation:	R v KRAJEWSKI, Miglio Alexander [2017] NSWDC 383
Hearing dates:	21 July 2017
Date of orders:	27 July 2017
Decision date:	27 July 2017
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Matter adjourned to enable the offender to complete his rehabilitation at Odyssey House. For orders see [88]
Catchwords:	CRIMINAL – Sentence – robbery whilst armed with an offensive weapon – Form 1offence – attempt to obtain prescribed prohibited substance – robbery of a pharmacy for prescription medication using a pair of scissors – s.11 remand – under the influence of drugs at the time of the offence – impulsive act lacking planning – 20 years old – prior drug-related offences – full discount for the early plea of guilty – parity considered where co-accused already sentenced in the Local Court to lesser offences – serious addiction to prescription drugs – diagnosed with Type 1 diabetes in 2009 – fluent in multiple languages and was studying political economic and social sciences at Sydney University – obtaining treatment at Odyssey House
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health (Forensic Provisions) Act 1990 Poisons and Therapeutic Goods Act 1999
Cases Cited:	Legge v Regina [2007] NSWCCA 244 Muldrock v R (2011) 244 CLR 120 R v Farrell [2014] NSWCCA 30 R v Henry and Ors [1999] 46 NSWLR 346 R v Hopoi [2014] NSWCCA 263 R v Lattouf (NSWCCA, 12 December 1996, unreported) R v Palu [2002] NSWCCA 381 R v Thompson and Houlton [2000] NSWCCA 309 R v Trindall [2002] NSWCCA 364 R v Yuksel [2012] NSWCCA 84
Category:	Sentence
Parties:	Regina (Crown) Miglio Alexander Krajewski (Offender)
Representation:	Counsel: Ms Rafeeq (DPP Solicitor) Ms Evans (Counsel)
File Number(s):	2016/002174312016/00362762
Publication restriction:	Nil