R v Mafi - [2019] NSWDC 340

District Court

New South Wales

Medium Neutral Citation: R v Mafi [2019] NSWDC 340
Hearing dates: 17 April 2019; 16 May 2019; 5 July 2019
Date of orders: 05 July 2019
Decision date: 05 July 2019
Jurisdiction: Criminal
Before: Weinstein SC DCJ
Decision:
Applying a 25% discount for an early plea of guilty, I sentence you to three years imprisonment. The sentence is to be backdated to the day you were taken into custody on 26 July 2018. I set a non-parole period of 18 months, which will expire on 25 January 2020. You will be eligible for release on that day. In setting that non-parole period, I find special circumstances, including the prospect of your rehabilitation from drugs, and the physical and sexual abuse and the disadvantage you suffered as a child.

You are convicted of the following offence:

(1) aggravated robbery – inflict actual bodily harm pursuant to section 95(1) of the Crimes Act 1900;

You are sentenced to a term of imprisonment for 3 years.

The sentence will be backdated to the date you were taken into custody being 26 July 2018 and will expire on 25 July 2021.
I set a non-parole period of 18 months. You will be eligible for release on 25 January 2020.
Catchwords: SENTENCING — Aggravated robbery – inflict actual bodily harm – Aggravating factors — In company, prior record of convictions, breach of conditional liberty — Mitigating factors — plea of guilty, injury and loss not substantial, not planned, good prospects of rehabilitation, remorse — Penalties — Imprisonment
Legislation Cited: Crimes Act 1900, s95
Crimes (Sentencing Procedure) Act 1999, ss3A, 5, 21A, 24, 25D, 66
Cases Cited: Azzi v R [2008] NSWCCA 169
Bugmy v The Queen [2013] HCA 37
Chung v R [2017] NSWCCA 48
Markarian v The Queen [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120
R v Henry [1999] NSWCCA 111
R v Pullen [2018] NSWCCA 264
McDonald v R [2015] NSWCCA 280
Category: Sentence
Parties: Regina (Crown)
Patrick Mafi (Offender)
Representation: Solicitors:
Ms Donovan (Crown)
Ms Mason (Mafi)

File Number(s): 2018/229208

Judgment

Mr Patrick Mafi was committed for sentence from Central Local Court on a single charge of aggravated robbery – inflict actual bodily harm pursuant to section 95(1) of the Crimes Act 1900, which carries a maximum penalty of 20 years of imprisonment. There is no standard non-parole period for this offence. The matter came before me on Wednesday 17 April 2019, when I stood the matter over. On the next occasion the matter was before the court, I ordered a Sentencing Assessment Report (SAR) and stood the matter over today for sentence. The SAR was received on 27 June 2019.
Mr Mafi was born in 1988 and is presently 29 years of age. The offence occurred on 11 July 2018. He has been in custody since his arrest on 26 July 2018, which means that he has been in custody for a total of 344 days including today and the date…

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 Mafi

Details

AGLC: R v Mafi [2019] NSWDC 340
Case: [2019] NSWDC 340
Decision Date: 05 July 2019

CaseChat Overview and Summary

The case of R v Mafi was heard in the relevant Australian court, where the defendant was convicted of aggravated robbery with the infliction of actual bodily harm, contrary to section 95(1) of the Crimes Act 1900. The defendant was found to have committed the offence in company, had a prior record of convictions, and was on conditional liberty at the time of the offence. The court was required to determine the appropriate sentence, taking into account the aggravating and mitigating factors present in the case.

The legal issues before the court included the assessment of the aggravating factors, such as the defendant's actions in company, prior criminal record, and breach of conditional liberty, as well as the mitigating factors, including the defendant's early plea of guilty, the relatively minor nature of the injuries inflicted, the lack of premeditation, and the defendant's prospects of rehabilitation and expressions of remorse. The court also had to consider the appropriate penalties for the offence and determine a suitable term of imprisonment and a non-parole period.

In sentencing the defendant, the court applied a 25% discount for the early plea of guilty. The court determined a sentence of three years imprisonment, to be backdated to the day the defendant was taken into custody. The non-parole period was set at 18 months, with the defendant becoming eligible for release on 25 January 2020. The court found special circumstances, including the defendant's prospects of rehabilitation from drug use and the physical and sexual abuse and disadvantage suffered by the defendant as a child.

The final orders of the court included a conviction for aggravated robbery with the infliction of actual bodily harm, a sentence of three years imprisonment backdated to 26 July 2018, and a non-parole period of 18 months, expiring on 25 January 2020.

Orders

Orders of the court

Applying a 25% discount for an early plea of guilty, I sentence you to three years imprisonment. The sentence is to be backdated to the day you were taken into custody on 26 July 2018. I set a non-parole period of 18 months, which will expire on 25 January 2020. You will be eligible for release on that day. In setting that non-parole period, I find special circumstances, including the prospect of your rehabilitation from drugs, and the physical and sexual abuse and the disadvantage you suffered as a child.

You are convicted of the following offence:

(1) aggravated robbery – inflict actual bodily harm pursuant to section 95(1) of the Crimes Act 1900;

You are sentenced to a term of imprisonment for 3 years.

The sentence will be backdated to the date you were taken into custody being 26 July 2018 and will expire on 25 July 2021.

I set a non-parole period of 18 months. You will be eligible for release on 25 January 2020.

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 Mafi [2019] NSWDC 340
Hearing dates:	17 April 2019; 16 May 2019; 5 July 2019
Date of orders:	05 July 2019
Decision date:	05 July 2019
Jurisdiction:	Criminal
Before:	Weinstein SC DCJ
Decision:	Applying a 25% discount for an early plea of guilty, I sentence you to three years imprisonment. The sentence is to be backdated to the day you were taken into custody on 26 July 2018. I set a non-parole period of 18 months, which will expire on 25 January 2020. You will be eligible for release on that day. In setting that non-parole period, I find special circumstances, including the prospect of your rehabilitation from drugs, and the physical and sexual abuse and the disadvantage you suffered as a child. You are convicted of the following offence: (1) aggravated robbery – inflict actual bodily harm pursuant to section 95(1) of the Crimes Act 1900; You are sentenced to a term of imprisonment for 3 years. The sentence will be backdated to the date you were taken into custody being 26 July 2018 and will expire on 25 July 2021. I set a non-parole period of 18 months. You will be eligible for release on 25 January 2020.
Catchwords:	SENTENCING — Aggravated robbery – inflict actual bodily harm – Aggravating factors — In company, prior record of convictions, breach of conditional liberty — Mitigating factors — plea of guilty, injury and loss not substantial, not planned, good prospects of rehabilitation, remorse — Penalties — Imprisonment
Legislation Cited:	Crimes Act 1900, s95 Crimes (Sentencing Procedure) Act 1999, ss3A, 5, 21A, 24, 25D, 66
Cases Cited:	Azzi v R [2008] NSWCCA 169 Bugmy v The Queen [2013] HCA 37 Chung v R [2017] NSWCCA 48 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 R v Henry [1999] NSWCCA 111 R v Pullen [2018] NSWCCA 264 McDonald v R [2015] NSWCCA 280
Category:	Sentence
Parties:	Regina (Crown) Patrick Mafi (Offender)
Representation:	Solicitors: Ms Donovan (Crown) Ms Mason (Mafi)
File Number(s):	2018/229208