R v Leota, Damien Jerome

[2016] NSWDC 384

District Court

New South Wales

Medium Neutral Citation:	R v LEOTA, Damien Jerome [2016] NSWDC 384
Hearing dates:	19 January 2016
Date of orders:	19 January 2016
Decision date:	19 January 2016
Jurisdiction:	Criminal
Before:	Judge S Norrish QC
Decision:	Full-time custodial sentence. For orders see [81]
Catchwords:	CRIMINAL – armed robbery – with an offensive weapon – in company – CCTV footage – DNA evidence – taxi driver – store attendant – SENTENCE – vulnerability of victims – substantial criminal history – alcohol and illicit substance abuse – mental health history – mental condition relevant to specific deterrence – offence committed while on parole – parity
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Callaghan v R [2006] NSWCCA 58 DPP v De La Rosa [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Osenkowski (1982) 30 SASR 212 Pearce v The Queen (1998) 194 CLR 610 R v Engert (1995) 84 A Crim R 67 R v Henry (1999) 46 NSWLR 346 R v Israil [2002] NSWCCA 255 R v Jimmy [2010] NSWCCA 60 R v Lattouf [1999] NSWSC 1382 R v Postiglione [1997] HCA 26 R v Thomson; R v Houlton (2000) 49 NSWLR 381
Category:	Sentence
Parties:	Regina (Crown) Damien Jerome Leota (Defendant)
Representation:	Counsel: Mr. Mcauliffe (Crown) Mr. Nicol (Defendant)
File Number(s):	2014/003372972014/00361789
Publication restriction:	Nil

SENTENCE

1. HIS HONOUR: Damien Jerome Leota appears today for sentence in relation to three offences, each contrary to s 97(1) Crimes Act 1900. The offences carry a maximum penalty of 20 years imprisonment. There is no standard non-parole period in respect of each offence.

2. Two of the offences were committed in December 2013. One offence was an offence of being armed with an offensive weapon when committing the offence of robbery, an offence committed on 10 December 2013 at Belmore when the offender robbed a shopkeeper of $1,000 in cash and ten packets of cigarettes, each valued at $39 each, whilst armed with an offensive weapon, to wit a black handled knife. The next day, 11 December 2013, in company with another man called Jeffrey(?) Rio, who has already been dealt with by Judge McClintock, the offender robbed a taxi driver, Mr Nasiri, at Wiley Park of his cash, his driver’s licence and Medicare card and a pair of spectacles as well as a car key. The third offence is an offence of robbery whilst armed with an offensive weapon committed 11 months later at Lakemba. Again the offender was alone, again he was armed with an offensive weapon, to wit a knife, and the offender on that occasion robbed a shopkeeper again and robbed that person of $200 in cash, the crime being committed at a convenience store.

3. The facts in relation to the matters with which I am concerned are set out in the agreed statement of facts and the essence of those facts I have already summarised by reference to the…