R v Lin

[2021] NSWDC 70

District Court

New South Wales

Medium Neutral Citation:

R v Lin [2021] NSWDC 70

Hearing dates:

4 February 2021

Date of orders:

4 February 2021

Decision date:

04 February 2021

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Aggregate sentence imposed one of two years and four months to be served by way of Intensive Correction Order.

Catchwords:

CRIME — Violent offences — Armed robbery — Offensive weapon

CRIME — Custody of prohibited weapon

CRIME — Property offences — Goods in custody

Legislation Cited:

Crimes Act 1900 (NSW) s 97(1)

Weapons Prohibition Act 1998 (NSW) s 7(1)

Crimes (Sentencing Procedure) Act 1996 (NSW) s 3A

Cases Cited:

Bullock v The Queen [2016] NSWCCA 131

BP v The Queen [2010] NSWCCA 159

R v Henry (1999) 46 NSWLR 346

Category:

Sentence

Parties:

Director of Public Prosecution (Crown)
Kyle Lin (Offender)

Representation:

Counsel:
Mr J Chin (Crown)
Mr J Kalantar (Offender)

Solicitors:

File Number(s):

2020/7408

Publication restriction:

Nil

SENTENCE

Introduction

1. The offender, Mr Lin, pleaded guilty in the Local Court and adhered to those pleas before me to the following offences. The first being that on 4 January 2020, in Redfern, he attempted to rob Lorna Zhou of money whilst being armed with an offensive weapon, namely what appeared to be a car key. That is an offence under s 97 subs (1) of the Crimes Act and it carries a maximum of 20 years imprisonment. There is no applicable standard non-parole period.

2. The second offence is an offence that on the same date he possessed a prohibited weapon, namely a flick knife, with a nine centimetre blade without being authorised to do so by a permit. That offence is an offence under s 7 subs (1) of the Weapons Prohibition Act and has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of five years. The offender acknowledges his guilt in relation to an offence of goods in custody, the amount being $7,971.05 and asks that I take that into account when imposing the sentence on possess prohibited weapon offence.

3. In the circumstances of that offence here, the offence on the Form 1 does not have a significant impact upon the sentence I will impose on the prohibited weapon offence.

The Facts

4. The facts are agreed and the following is taken from them.

5. At about 9.10am on Saturday 4 January 2020 the victim, Ms Lorna Zhou, left her boyfriend’s apartment on Cope Street, Waterloo. She walked north along the western footpath of Cope Street towards Redfern Railway Station. Just north of the laneway connecting Cope Street and Regent Street Ms Zhou saw two males walking towards her on the footpath. One was this offender and the other was the co-offender Brandon Foo. As the males approached her this offender grabbed her by the front of her black hoodie on the right side of the collar. She was understandably startled and this offender said “Give me your fucking money”. The co-offender held what Ms Zhou thought was a…