R v Phelan

[2020] NSWDC 219

District Court

New South Wales

Medium Neutral Citation:	R v Phelan [2020] NSWDC 219
Hearing dates:	20 March 2020
Date of orders:	20 March 2020
Decision date:	20 March 2020
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	An aggregate term of imprisonment of 4 years with a non-parole period of 2 years, 3 months: at [37].
Catchwords:	CRIME — Violent offences — Demanding property with menaces — Detain for advantage SENTENCING — Penalties — Imprisonment SENTENCING — Aggravating factors — Record of previous convictions SENTENCING — Mitigating factors — Plea of guilty — Remorse SENTENCING — Relevant factors on sentence — Co-offenders — Parity — Deterrence — Factual basis for sentence — Form 1 offences — Multiple offences — Objective seriousness SENTENCING — Subjective considerations on sentence — Age of offender — Drug addiction — Special circumstances
Legislation Cited:	Crimes Act 1900
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 BP v The Queen [2010] NSWCCA 159 Imbornone v R [2017] NSWCCA 144 R v Qutami (2001) 127 A Crim R 369 R v Shankley [2003] NSWCCA 253
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown)   Tate Phelan (Offender)
Representation:	Mr J Mehta (Crown)   Mr P Johnson (Counsel for the offender)
File Number(s):	2018/139900

Judgment

1. Tate Phelan, now aged 21, appears for a sentence in relation to a number of offences in 2018 involving a young man named Lucas who was 22 years of age at the time of the offences.

2. First, an offence of demanding property in company with menaces with intent to steal contrary to s 99(2) of the Crimes Act 1900 which carries a maximum penalty of 14 years imprisonment (sequence 001). Secondly, an offence of take and detain a person in company with intent to obtain an advantage contrary to s 86(2)(a) of the Crimes Act 1900, which carries a maximum penalty of 20 years imprisonment (sequence 002). Thirdly and finally an offence contrary to s 86(3) of the Crimes Act 1900, of aggravated take or detain a person in company with intent to obtain an advantage, occasioning actual bodily harm which carries a maximum penalty of 25 years imprisonment (sequence 004). There are no standard non-parole periods for any of these offences.

3. There is a matter to be dealt with on a Form 1 (sequence 003) of demand property in company with menaces with intent to steal contrary to s 99(2) of the Crimes Act 1900 which is attached to the first count on the indictment (sequence 001), and that will be dealt with in the way suggested by the Chief Justice in the Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146.

4. Pleas of guilty were entered at the time the matter was listed for trial, in circumstances which justify a 5% discount on the term of imprisonment which Mr Johnson of counsel acknowledges…