R v Matangi

[2022] NSWDC 228

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Matangi [2022] NSWDC 228

Hearing dates:

17 June 2022

Date of orders:

24 June 2022

Decision date:

24 June 2022

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1 The offender is convicted.

2 I impose an aggregate term of imprisonment of 3 years with a non-parole period of 18 months to date from 5 September 2021. The non-parole period will expire on 4 March 2023 and the head sentence will expire on 4 September 2024. The offender will be eligible to be released on parole on 5 March 2023.

Catchwords:

CRIME — Violent offences — Armed robbery — Offensive weapon

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Legge v The Queen [2007] NSWCCA 244

R v Henry (1999) 46 NSWLR 346

R v Olbrich (1999) 199 CLR 270

Category:

Sentence

Parties:

Director of Public Prosecutions
Fonua Matangi (Offender)

Representation:

Counsel:
D Mulligan (Offender)

Solicitors:
ODPP
Criminal Defence Lawyers

File Number(s):

2021/188681
2021/117220

Publication restriction:

None

Judgment

1. Fonua Matangi (the offender) appears for sentence after pleading guilty in the Local Court to the following charges:

1. on 22 November 2020 – robbery with an offensive weapon, contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment; and

2. on 19 April 2021 – robbery with an offensive weapon, contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment.

2. The offender also asks the Court to take into account on a Form 1 when dealing with the offence of 22 November 2020, assault with intent to rob, and when dealing with the offence of 19 April 2021, common assault.

Approach to sentencing

3. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999.

4. The offender entered pleas of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

5. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

Agreed facts

6. The parties tendered agreed statements of facts for both charges which may be summarised as follows.

H 1092817090

Sequence 3 – Form 1

7. At about 9.24pm on 21 November 2020, the offender attended the bottle shop attached to the Crown on McCredie Hotel located on Fairfield Road in Guildford West. The offender was wearing a dark blue Everlast brand hooded jumper, dark blue shorts and dark blue Nike shoes with a white trim. He was carrying a dark grey Ryde-Eastwood Hawks backpack containing a metal claw hammer.

8. The offender approached the checkout desk from the western side…