R v Murphy

[2025] NSWDC 289

District Court

New South Wales

Medium Neutral Citation:

R v Murphy [2025] NSWDC 289

Hearing dates:

22/5/25, 28/5/25

Date of orders:

28/5/25

Decision date:

28 May 2025

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to an aggregate term of imprisonment of 6 years 7 months with a NPP of 3 years 11 months (6/4/24-5/3/28). I find special circumstances.

The indicative sentences (after a 10 percent discount) are:

Count 2 – 4 years 11 months (Form 1 taken into account).

Count 4 – 5 years 1 month with NPP 3 years (Form 1 taken into account).

Catchwords:

Crime – Sentence – Armed robbery in company – Specially aggravated break enter and commit serious indictable offence

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

Chung v R [2017] NSWCCA 48

Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194

R v Harris [2011] NSWCCA 105

R v Henry & Ors (1999) 46 NSWLR 346

Category:

Sentence

Parties:

NSW DPP – Crown
Zac Murphy - Offender

Representation:

Mr A Barnes for Crown
Mr S Bouveng for Offender

File Number(s):

23/283885

REMARKS ON SENTENCE

1. Mr Zac Murphy is for sentence in relation to two substantive offences, the first one being what was count 2 on the indictment, being an offence that on 1 August 2023 while in company with Tyler Briggs and armed with a dangerous weapon, namely a firearm, that he robbed Rhian Hughes of $150 cash and a car key. The maximum penalty for that offence is 25 years’ imprisonment. I am asked also and will take into account in sentencing for that offence another matter that is on a Form 1 document, which was previously count 3 of the indictment, being an offence of threatening to use an offensive weapon with intent to intimidate Mr Scott Reid.

2. The second substantive offence is an offence of specially aggravated break and enter and commit serious indictable offence, which itself carries a potential maximum penalty of 25 years’ imprisonment and in respect of which there is a standard non-parole period of seven years specified. There is a Form 1 attached to that offence, and there are four matters on that Form 1 that I will take into account subject to some other comments that I will make about them.

3. The maximum penalties and, where applicable, standard non-parole periods are, of course, important guideposts in the sentencing exercise to which I have had regard. The offender pleaded guilty not at the earliest opportunity, and it is agreed that a discount of 10% should be given by reason of utilitarian value.

FACTS

4. Turning to the facts, the facts are agreed and in summary are as follows. The offender is Zac Murphy, and the co-offender is Tyler Briggs, also known as Tyler Price, and they knew each other at the time. There was another unknown co-offender who has not been identified. On the morning of 31 July 2023, Briggs and the unknown…