R v Thornton

[2024] NSWDC 556

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Thornton [2024] NSWDC 556

Hearing dates:

26 July 2024

Date of orders:

27 September 2024

Decision date:

27 September 2024

Jurisdiction:

Criminal

Before:

D Barrow SC DCJ

Decision:

See [58]-[59]

Catchwords:

Armed robbery with wounding - s 98 of the Crimes Act 1900 – two offenders – joint criminal enterprise – offenders armed with replica firearm and machete - extensive criminal history – institutionalisation

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Crimes Act 1900

Cases Cited:

R v Henry [1999] 46 NSWLR 346

Category:

Sentence

Parties:

The Crown
The offender (Mr Thornton)

Representation:

For the Crown:
Ms S Hatch, Solicitor

For the offender:
Mr Conwell of Counsel

File Number(s):

2022/00199592

JUDGMENT

1. Todd Thornton appears for sentence today, having pleaded guilty on 13 May 2024 to a charge of armed robbery with wounding, an offence contrary to s 98 of the Crimes Act 1900. The maximum penalty is 25 years imprisonment. A standard non-parole period of 7 years applies. Both of those features are relevant as guideposts, nominated by Parliament, that reflect the seriousness of the offending and are to be taken into account when determining an appropriate sentence.

2. The victim in the armed robbery with wounding matter, was a young man named NA, who was 18 years of age at the time of the offence. The offence was committed on 1 July 2022. Mr Thornton has asked the Court to take into account two further matters. One being another offence, contrary to s 98 of the Crimes Act 1900, committed at the same time against another young man, JL, and a further offence of stealing from a dwelling, which involved the theft of jewellery and $3,500.

3. The maximum penalty for the related s 98 offence is the same as the matter before sentence. The steal from dwelling carries the maximum penalty of 7 years imprisonment.

4. As the plea was entered on the first day of trial, the parties are in agreement that by way of s 25D(3)(c) of the Crimes (Sentencing Procedure) Act 1999 the appropriate discount for the utilitarian value of that plea is 5%.

5. There was a sentence hearing on 26 July 2024. Agreed facts were tendered, and because they are not very lengthy, I will read them onto the record. They read as follows:

"At the time of the offences, Mr Thornton was 25 years of age. He committed the offences with Mr Pritchard who was 28, so a little older. The victims, NA, aged 18; JL aged 31; and JA, aged 54. JA is the father of NA.

The victims lived together with NA's brother, LA, in a three-bedroom home in Bennelong Place, Kincumber. The offenders were not known to the victims. On 1 July 2022, NA had finished work and was walking home. As he neared home, he observed a car driving erratically past him at speed which turned into his street, and he ran towards his house.

JL was present at…