R v Mathew John Ridgeway (No 2)

[2012] NSWDC 54

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Mathew John RIDGEWAY (No 2) [2012] NSWDC 54

Decision date:

07 February 2012

Before:

Cogswell SC DCJ

Decision:

Correction of sentence imposed in R v Mathew John RIDGEWAY [2012] NSWDC 53 on 1 February 2012.

For the offence of aggravated robbery a sentence of 5 ½ years imprisonment, I fix a non-parole period of 4 years. For the offence of kidnapping a sentence of 6 ½ years imprisonment, I fix a non-parole period of 3 years and 10 months. Overall effective sentence is 7 ½ years. Overall effective non-parole period is 4 years and 10 months.

Catchwords:

CRIMINAL LAW - Sentence - correction.

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999, s 32
Criminal Procedure Act 1986, s 166

Category:

Sentence

Parties:

Regina (Crown)
Mathew John RIDGEWAY (Accused)

Representation:

Solicitors:
Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Accused)

File Number(s):

2011/85634

SENTENCE CORRECTION

1. Instead of the sentence which I imposed on Mr Ridgeway on 1 February 2012 I impose the following sentences.

1. For the aggravated robbery being robbery in company I sentence you to a sentence of 5 years and 6 months to date from 17 January 2011 and to expire on 16 July 2016. For that sentence I fix a non-parole period of 4 years which commenced on 17 January 2011 and which will expire on 16 January 2015. The balance of the term for that sentence is 1 year and 6 months commencing 17 January 2015 and expiring on 16 July 2016.

1. For the offence of kidnapping I sentence you to 6 ½ years imprisonment. That will date from 17 January 2012 and will ultimately expire on 16 July 2018. I fix a non-parole period for that sentence of 3 years and 10 months. That commenced on 17 January 2012 and it will expire on 16 November 2015. The balance of the term for that sentence is 2 years and 8 months which commences on 17 November 2015 and will expire on 16 July 2018.

1. The overall effective sentence is 7 years and 6 months commencing 17 January 2011 and expiring on 16 July 2018. The overall effective non-parole period will be 4 years and 10 months commencing 17 January 2011 and expiring on 16 November 2015. The earliest date on which it seems that you will be eligible for release is 16 November 2015 depending upon the Parole Authority.

1. In sentencing you in respect of the kidnapping I have taken into account the offence of stealing the motor car which is on the form under s 32 of the Crimes (Sentencing Procedure) Act 1999. Otherwise the orders I made in respect of the certificate under s 166 of the Criminal Procedure Act 1986 stand as they are as is the order for an audiovisual link for 29 February 2012.

1. Now, Mr Ridgeway, your overall sentence is the same. It is still 7 years and 6 months from 17 January 2011 and it still expires on 16 July 2018, but your effective non-parole period has been reduced I think by 1 year and 5 months. You will be due for release on 16 November 2015 and not, as I said earlier, 16 April 2017. So you will be due for release 1 year and 5 months earlier. The first date on which you are eligible for release is 16 November 2015.

1. Normally for a sentence of 7 years and 6 months you would be serving a longer effective non-parole period. You would normally served 75 per cent of that time, but I have reduced it to about just over 64 per cent of that time because of the fact that you are segregated in custody and the circumstances in which you are serving custody. Do you understand that?

OFFENDER: Yeah, the majority of it.

HIS HONOUR: All right, so 16 November 2015 is the important date to remember. I apologise for this, for bringing you back. It is a salutary lesson for us lawyers.

OFFENDER: Does that mean I sit for parole when--

HIS HONOUR: I assume it would have been picked up either in the ALS or the ODPP, but somebody in the office at the court office drew my associate's attention to the issue of whether or not it was an aggregate sentence and that in turn meant that I looked at it closely and realised that there was at least one error and then when I heard from Mr Bickford and Ms Gomez this morning it emerged that there was also an error concerning the non-parole period which we have now fixed up. Now, is there anything else, Mr Bickford or Ms Gomez?

BICKFORD: No, your Honour.

GOMEZ: No, your Honour.

HIS HONOUR: All right, thank you both for your assistance.

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Amendments

03 May 2012 - To prevent confusion with another judgment of the same name

Amended paragraphs: Case title amended