R v Soli

[2022] NSWDC 330

District Court

New South Wales

Medium Neutral Citation:

R v Soli [2022] NSWDC 330

Hearing dates:

31/3/22

Date of orders:

31/3/22

Decision date:

31 March 2022

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to a term of imprisonment of 3 years 2 months with a NPP of 1 year 9 months.

Catchwords:

Crime – Sentence – Robbery armed with an offensive implement

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

BP v R [2010] NSWCCA 159

R v De Simoni (1981) 147 CLR 383

R v Harris [2011] NSWCCA 105

R v Henry & Ors [1999] 46 NSWLR 346

R v Johnson [2004] NSWCCA 446

Category:

Sentence

Parties:

NSW DPP – Crown
Jonah Soli - Offender

Representation:

Mr Fitzhardinge for Crown
Ms Hussey for Offender

File Number(s):

2021/134647

sentence – ex tempore revised

1. Jonah Soli is before the court for sentence on an offence of robbery armed with an offensive instrument. The maximum penalty for that offence is 20 years imprisonment. The maximum penalty is, of course, an important guidepost to which I have had regard in the sentencing exercise. He pleaded guilty at the earliest opportunity and I will, therefore, allow a discount of 25% on account of the utilitarian value of that plea of guilty. Evidence was today tendered on the sentence proceedings on behalf of the Crown, and also for the offender, after which I heard oral submissions, supplementary to the written submissions that had earlier been filed. The offender also gave evidence today.

FACTS

2. The facts of the offence are agreed and are as follows. On Sunday 7 March 2021, the victim, Mr Parsons went for a drive to Newcastle. He drove to the home of a friend, Mr Brooker, at Telarah. They then drove along the M1 motorway, and along the Newcastle Link Road, and went to various addresses around Wallsend, including to a McDonalds carpark. They then decided to drive home. It was close to midnight when the victim was driving back along the Newcastle Link Road and onto the Hunter Expressway. He was planning on driving to Branxton and returning along the New England Highway. About two kilometres before the Branxton turnoff, the victim noted a car with flashing lights in his rear-view mirror. He then pulled over to the side of the road, and the car with the flashing lights pulled in behind him. The car had its high beams on. It was later identified to be a silver-grey hatchback.

3. The victim got out of the car and started walking towards the rear of his own car while his companion, Mr Brooker, remained in the victim’s car, in the passenger seat. The offender, Mr Soli, was sitting in the passenger seat of the silver grey hatchback, which was stopped behind the victim’s car. The driver of the hatchback remained in the car for the whole incident that I will, in a moment, describe. However, the driver of that vehicle apparently had a torch, or a…