R v Ngata

[2023] NSWDC 434

District Court

New South Wales

Medium Neutral Citation:

R v Ngata [2023] NSWDC 434

Hearing dates:

13 October 2023

Date of orders:

13 October 2023

Decision date:

13 October 2023

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Nimilote Ngata is convicted.

2   Taking into account the discount for the plea of guilty, I impose a term of imprisonment of 4 years with a non-parole period of 18 months to date from 13 October 2022. The non-parole period will expire on 12 April 2024 and the head sentence will expire on 12 October 2026.

3   The offender will be eligible to apply for parole on 12 April 2024.

Catchwords:

CRIME — Violent offences — Robbery in company

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:

Rex (Crown)
Nimilote Ngata (Offender)

Representation:

Counsel:
I Todd (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Zahr Partners (Offender)

File Number(s):

2022/241842

Publication restriction:

None

JUDGMENT

Introduction

1. Nimilote Ngata (the offender) appears for sentence after pleading guilty in the Local Court to an offence of robbery in company contrary to s 97(1), Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment.

Approach to Sentencing

2. 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).

3. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.

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

Facts

5. The parties presented an Agreed Statement of Facts. I have taken the entirety of the document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.

6. The victim is 62 years old and lives alone in Drummoyne. He is a user of prohibited drugs.

7. The victim and the co-offender, Andrew Sharp, were known to each other because the victim had previously purchased drugs from him on two prior occasions. The victim knew the co-offender as “Blacky”. He stopped purchasing drugs from the co-offender because he was unreliable.

8. In around mid-June 2022, the victim received a phone call from an unknown number. The male on the phone introduced himself as “Blacky” and the victim recognised the co-offender. The co-offender told the victim that he had been released from gaol and if he needed any drugs,…