R v McGuiness; R v Trevascus

District Court

New South Wales

Medium Neutral Citation:

R v McGuiness; R v Trevascus [2020] NSWDC 90

Hearing dates:

25 October 2019 and 4 March 2020

Decision date:

04 March 2020

Jurisdiction:

Criminal

Before:

Colefax SC DCJ

Decision:

For offender Mr McGuiness, term of imprisonment of 7 years 7 months with a non parole period of 5 years 8 months; for offender Mr Trevascus, an aggregate term of imprisonment of 7 years with a non parole period of 5 years 3 months. 

Catchwords:

CRIME -SENTENCE- Robbery in company; attempted aggravated take and drive motor vehicle.

Legislation Cited:

Crimes Act 1900 (NSW) ss97(1), 154C(2) and 344A(1)

Cases Cited:

R v Henry (1999) 46 NSWLR 346; Bugmy v R [2013] 249 CLR 571

Category:

Sentence

Parties:

Regina (Crown)

Frank McGuiness (Offender)

Ryan Trevascus (Offender)

Representation:

Mr Kotsis (Crown Prosecutor)

Ms Skinner (Solicitor for offender McGuiness)

Mr Park (Counsel for offender Trevascus)

File Number(s):

2018/228669; 2018/248963

Publication restriction:

Nil

1. Frank McGuiness and Ryan Trevascus, you each appear for sentence today in relation to the principal offence of robbery in company. 

2. This involves a contravention of s 97(1) of the Crimes Act.  The maximum penalty for that offence is 20 years' imprisonment.  There is no standard non‑parole period, but there is a relevant guideline judgment from the Court of Criminal Appeal, namely, R v Henry.

3. Mr Trevascus you also appear for sentence in relation to a second principal offence of attempted aggravated take and drive motor vehicle with a person in it. 

4. This involves the combined operation of ss 154C(2) and 344A(1) of the Crimes Act.  The maximum penalty for that offence is 14 years' imprisonment.  Again, there is no standard non‑parole period.

5. Mr McGuiness, you do not appear for sentence in relation to such a second principal offence.  However, in your case I have certified a matter on a Form 1, which is to be taken into account with the robbery in company offence. The matter on that Form 1 is attempted aggravated take and drive motor vehicle with person in it.

6. Mr Trevascus, you appear for sentence following a trial which commenced on 22 July 2019, when you were arraigned before a jury panel in relation to both of those counts. At the conclusion of the trial, the jury found you guilty of both offences.

7. Mr McGuiness, you did not proceed to trial; but rather, you entered a late plea in relation to the robbery in company matter shortly before Mr Trevascus' trial date. 

8. Mr McGuiness, you originally were listed for sentence on 27 September 2019 but I vacated that date, once Mr Trevascus had been found guilty by the jury, in order that both of you could be sentenced by the same judge at the same time.

9. Initially both of you were supposed to be sentenced on 25 October 2019.  The hearing date, in fact, commenced on that day, but because of a power outage in Campbelltown, the sentence hearing date had to be adjourned to 10…