District Court
New South Wales
Medium Neutral Citation: R v Robinson [2020] NSWDC 837 Hearing dates: 20 November 2020 Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Term of imprisonment of 4 years and 10 months with a non-parole period of 2 years and 5 months.
Catchwords: SENTENCING — Subjective considerations on sentence — Special circumstances – Intoxication – Mental illness
SENTENCING — Relevant factors on sentence — Circumstances of offence — General and specific deterrence
CRIME — Violent offences — Assault causing death
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1
Pattalis v R [2013] NSWCCA 171
R v Garth No 2 [2017] NSWDC 471
R v Imbornone [2017] NSWCCA 144
R v Johnson (No 5) [2017] NSWSC 1169
RvYardley [2019] NSWCCA 291
Category: Sentence Parties: Regina (Crown)
Zaine Robinson (Offender)Representation: Counsel:
Solicitors:
K Tennant (Crown)
P Stitz (Offender)
D Harvey, ODPP NSW (Crown)
C Murnane, Legal Aid NSW (Offender)
File Number(s): 2018/341141
Judgment
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Zaine Robinson, 22 years of age, appears for sentence in relation to one offence of assault causing death pursuant to s 25A(1), Crimes Act 1900 (NSW). The prescribed maximum penalty for that offence is 20 years imprisonment. There is no prescribed standard non-parole period.
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The offender pleaded guilty on 6 December 2019 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%.
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The offender has also consented to this Court dealing with breaches of two Maitland Local Court bonds.
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The offender has been in custody bail refused since 6 November 2018, the date of his arrest. Accordingly, the sentence imposed today will be backdated to commence on that date.
The Agreed Facts
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Lee Ingly (the victim), born 13 June 1961, lived alone at Unit 6, 19 Sinclair Street, Gosford. He had struggled with alcohol addiction for some years. In 2006, he suffered a stroke which affected his speech and movement. His speech was slurred and he was unstable on his feet. He had been diagnosed as suffering from multifactorial balance problems and had a tremor in his hands. He used a walking stick to assist because of his poor balance and overall frailty. Mr Ingly also suffered from HCV (Hepatitis C) which together with the alcohol use, resulted in cirrhosis.
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On 6 November 2018, a disability care worker attended Mr Ingly’s residence and provided the usual assistance with cleaning as well as general companionship. The care worker thought Mr Ingly was in a good mood and did not appear intoxicated at that time. She left the residence around 2 pm.
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At 7.49 pm, Mr Ingly entered the Beer Wine Spirits liquor shop next to the Woolworths Supermarket inside the Imperial Centre, Gosford. Mr Ingly placed his walking stick on the…
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- AGLC
- R v Robinson [2020] NSWDC 837
- Case
- [2020] NSWDC 837
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved assessing the subjective considerations pertinent to the sentencing, such as the appellant's intoxication and mental health, and the objective considerations, such as the nature and circumstances of the offence, the need for general and specific deterrence, and the principles of proportionality and consistency in sentencing. The court had to balance these considerations in light of the statutory guidelines and precedents. The appellant's intoxication and mental illness were significant factors that needed to be weighed in the sentencing process, as they impacted his culpability and moral blameworthiness.
The court recognised that while the appellant's intoxication and mental illness were mitigating factors, they did not absolve him of responsibility for his actions. The court found that the circumstances of the offence, which involved a violent assault resulting in death, warranted a substantial term of imprisonment. After considering all relevant factors, the court imposed a sentence of imprisonment for 4 years and 10 months, with a non-parole period of 2 years and 5 months. This sentence was deemed appropriate given the severity of the offence and the need to balance the principles of deterrence and rehabilitation with the mitigating circumstances.
Orders
Orders of the court
Term of imprisonment of 4 years and 10 months with a non-parole period of 2 years and 5 months.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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