R v Sam Michael Booth

[2018] NSWDC 250

District Court

New South Wales

Medium Neutral Citation:	R v Sam Michael Booth [2018] NSWDC 250
Hearing dates:	6 September 2018
Decision date:	12 September 2018
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [60]
Catchwords:	Aggravated robbery; intimidation (domestic violence related)
Legislation Cited:	Crimes Act 1900 Crimes (Personal and Domestic Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Baradi v R [2018] NSWCCA 143 Diaz v R [2018] NSWCCA 33 Pearce v R (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 Veen v R (No 2) 1998 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown Solicitor) Sam Michael Booth (Offender)
Representation:	Solicitors: A Horowitz (Crown) R Thomas (Offender)
File Number(s):	17/312261
Publication restriction:	Nil

REMARKS ON SENTENCE

1. The offender, who was born on 28 September 1991, is being sentenced in respect of two offences that occurred between 14 October 2017 and 16 October 2017. The offences are as follows:

1. Sequence 1 - Aggravated robbery pursuant to s 95(1) of the Crimes Act 1900. The maximum penalty for this offence is 20 years imprisonment. There is no Standard Non-Parole Period.

2. Sequence 5 - Intimidation pursuant to s 13(1) of the Crimes (Personal and Domestic Violence) Act 2007 (“C(P&D)A”). The maximum penalty for this offence is five years imprisonment and there is no Standard Non‑Parole Period proscribed.

2. The offender was arrested on 17 October 2017 and has been in custody since that date.

3. The offender has asked that three matters be dealt with on a Form 1 in respect of the charge of aggravated robbery. They are as follows:

1. H 66236443/Sequence 2 – detain person without consent with intent to commit serious indictable offence.

2. H 66236443/Sequence 3 – Common assault

3. H 66236443/Sequence 4 – Intimidation

The offender has admitted his guilt in respect of each of these three matters on the Form 1.

The sentence hearing

4. The sentence hearing took place on 6 September 2018 at Lismore District Court. The Crown sentence summary (Ex A) included a statement of Agreed Facts which may be summarised as follows.

5. The offender, aged 26, and the victim aged 21, became involved in an intimate relationship in September 2017. The victim had an 18 month old son from a previous relationship. She was at work on 14 October 2017 when the offender sent her a text asking her to come home at about 10pm. The victim returned to their home, however, the offender was not there. The victim found $600 of her own money missing from the premises. She rang the offender asking about the money and he said he would be home soon. When he arrived, he told the victim that he was concerned that friends he had over may steal it and returned $550 to her. He said he would pay back the missing $50.

6. An argument ensued between the offender and victim and the victim decided to leave the premises. She told the offender that the relationship…