R v Leroy

Case [2023] NSWDC 457


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v LEROY [2023] NSWDC 457
Hearing dates: 20 October 2023
Date of orders: 16 November 2023
Decision date: 16 November 2023
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced – see paragaphs [69] - [74]

Catchwords:

CRIME – SENTENCING – robbery whilst armed with gel blaster – service station – committed whilst on parole for earlier offence - co-offender accessory after the fact identified offender to police – plea of guilty - significant mental health and substance abuse issues

Legislation Cited:

Crimes Act, 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v the Queen [2013] HCA 37

Di Simoni v The Queen

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

Moiler v R [2021] NSWCCA 73

Moiler v R [2021] NSWCCA 73

R v Di Simoni (1981) 147 CLR 383

R v Millwood [2012] NSWCCA 2

Category:Sentence
Parties: Rex
Zack LEROY
Representation:

Counsel:
Mr P Kerr for the Director of Public Prosecutions
Mr J Leaver for the Offender

Solicitors:
Ms G McKenzie, Office of the Director of Public Prosecutions
Ms T Mudditt, Legal Aid Commission of NSW
File Number(s): 2022/00270306, 2023/00113988
Publication restriction: No

Judgment

  1. The offender was committed for sentence from the Local Court at Wagga Wagga on 23 June 2023 in respect of a charge that he:

On 31 August 2022 at Junee in the State of New South Wales, did rob Mark Jennings and Vanessa George of certain property, namely $647.15 and a cash register the property of Vantage Fuels Pty Ltd whilst being armed with an offensive weapon, namely a gel blaster.

  1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 20 October 2023 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.

  2. The offence for which the offender appears for sentence is contrary to s 97(1) of the Crimes Act, 1900 and carries a maximum penalty of 20 years imprisonment. Although there is no standard non-parole period specified in respect of the offence the Court will need to consider the Guideline Judgment in R v Henry & Ors (1999) 46 NSWLR 346.

  3. The offender asks that when passing sentence, the court takes into account a charge of Dishonestly Obtain Financial Advantage by Deception contrary to s 192E(1)(b) of the Crimes Act which attaches to a Form 1 document. In passing sentence I will need to apply the principles enunciated by the Court of Criminal Appeal in The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No 1 of 2002, otherwise known as the Guideline Judgment on Form 1 matters reported (2002) 56 NSWLR 156. That matter will have some impact on the ultimate sentence to be imposed but that impact will essentially be minimal.

Facts

  1. The facts are before the court by way of a statement of agreed facts contained at…

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AGLC
R v Leroy [2023] NSWDC 457
Case
[2023] NSWDC 457
Decision Date

CaseChat Overview and Summary

Leroy was charged with robbery committed at a service station whilst armed with a gel blaster. The matter came before the court on the basis of a plea of guilty. Leroy had been on parole at the time of the offence for an earlier offence. His co-offender, who acted as an accessory after the fact, later identified Leroy to the police. Leroy had significant mental health issues and a history of substance abuse. The court was required to consider the nature of the offence, the circumstances in which it was committed, Leroy’s criminal history and his personal circumstances in determining an appropriate sentence.

The primary legal issues the court needed to address included the appropriate sentencing principles to apply, the relevance of Leroy’s prior convictions and parole status, the factors indicating a high risk of reoffending, and the need to consider Leroy’s mental health and substance abuse issues in the sentencing process. The court had to balance the need for punishment and deterrence against the need to rehabilitate Leroy and protect the community.

In determining the sentence, the court first considered the severity of the offence. The use of a gel blaster, albeit not a firearm, contributed to the seriousness of the crime as it created a perception of a lethal weapon. The court also took into account Leroy’s criminal history, including his earlier offence for which he was on parole at the time of the current offence, and the fact that his co-offender identified him to the police. The court found that Leroy’s mental health and substance abuse issues significantly contributed to his offending behaviour but did not mitigate the seriousness of the crime. The court ultimately decided that a custodial sentence was necessary to adequately address the seriousness of the offence and the risk of reoffending. Leroy was sentenced to a term of imprisonment, with specific details provided in paragraphs [69] to [74] of the judgment.

The court made several orders, including the imposition of a custodial sentence, a non-parole period, and directions for Leroy’s mental health and substance abuse treatment while in custody. The specific details of the sentence and associated orders can be found in paragraphs [69] to [74] of the judgment.

Orders

Orders of the court

Sentenced – see paragaphs [69] - [74]

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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