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District Court 12 March 2009

R v FERREIRA Carlos

[2009] NSWDC 417

Assault & violenceTheft & property
CRIMINAL LAW SENTENCE ROBBERY SENTENCING ORDERS

Citation: R v FERREIRA Carlos [2009] NSWDC 417
Court: District Court of New South Wales
Date: 12 March 2009
Judge(s): Finnane QC DCJ

Background

The offender, a 30-year-old man with an extensive criminal history dating back to the Children's Court, pleaded before the District Court on a charge of robbery and a related charge of dealing with property suspected of being proceeds of crime. The robbery occurred on 30 June 2008 at a Cashstop Financial Services branch in Petersham. The offender had disguised himself with a beanie, a face covering, and gloves.

The victim was an employee who was entering the premises alone early in the morning. The offender pushed her inside, covered her mouth, threatened to kill her, and demanded cash. He took approximately $3,450 in Australian currency along with amounts in US dollars, euros, Hong Kong dollars, and British pounds. A duress alarm was triggered during the incident, police attended, and the offender was apprehended inside the premises after attempting to escape through a barred rear window.

The offender had previously been placed on a Drug Court program and a section 12 bond, but had failed to engage with either. At sentencing, he expressed remorse in writing and in the witness box, and evidence was tendered that he had attended Alcoholics Anonymous meetings while in custody.

  • What was the appropriate sentence for the offence of robbery, having regard to the objective seriousness of the offence and the offender's subjective circumstances?
  • What weight, if any, should be given to the offender's traumatic personal history, including the deaths of both parents when he was 17?
  • Whether special circumstances existed warranting an adjustment to the standard ratio between the non-parole period and the balance of the sentence.
  • What sentence was appropriate for the related charge under section 166 of the Criminal Procedure Act 1986 (NSW) (dealing with property suspected of being proceeds of crime)?

Decision

Finnane QC DCJ regarded the robbery as a serious offence. The offender had deliberately equipped himself with disguise materials and entered a premises with substantial security measures in place, creating significant terror in the victim. His Honour noted the lasting impact on the victim and the broader harm caused to people who work in cash-handling roles, drawing on the court's familiarity with civil claims arising from workplace robberies.

In assessing the offender's subjective case, his Honour acknowledged the genuine tragedies of losing both parents in close succession at age 17. However, the court found that 13 years had passed since those events and that the offender could no longer rely on that grief to excuse ongoing criminality. His Honour was unimpressed by the evidence of AA attendance, finding it meaningless without any demonstrated engagement or purpose beyond obtaining a certificate of attendance.

The court found limited subjective circumstances operating in the offender's favour. His history of dishonesty, his failure to engage with the Drug Court program, and his commission of the offence while on a section 12 bond all weighed against him. His Honour accepted a finding of special circumstances, but described it as not particularly significant, resulting in a modest extension of the parole period beyond the statutory norm. The court also recommended that parole authorities pursue drug, alcohol, and grief counselling for the offender.

Orders Made

  • Robbery: non-parole period of 2 years and 6 months, commencing 30 June 2008 and expiring 29 December 2010; balance of term from 30 December 2010 to 29 December 2012; release on parole on 29 December 2010.
  • Dealing with property suspected of being proceeds of crime (s 166 Criminal Procedure Act 1986): 3 months imprisonment, commencing 30 June 2008 and concluding 29 September 2008.
  • Recommendation that drug, alcohol, and grief counselling be pursued by parole authorities.

Key Takeaways

  • A traumatic personal history, including the loss of both parents, may be raised in mitigation at sentencing, but the District Court found that the passage of 13 years since those events significantly reduced the weight such circumstances could carry.
  • Attendance at rehabilitation programs while in custody carries little mitigating weight where the offender demonstrates no apparent engagement with or benefit from those programs beyond formal attendance records.
  • Where an offender commits a serious offence while already subject to a conditional liberty order (such as a section 12 bond) and has previously failed to comply with a specialist court program, those failures are relevant sentencing considerations that weigh against leniency.
  • A finding of special circumstances under NSW sentencing law can result in a longer parole period relative to the non-parole period, but the District Court here treated the adjustment as modest given the limited prospects of rehabilitation it identified.
  • The court's observations about the psychological impact of robbery on cash-handling workers reflected established recognition in both criminal and civil jurisdictions that victims of workplace robberies suffer real and lasting trauma.

Legislation and Cases Referenced

Legislation:
- Criminal Procedure Act 1986 (NSW), s 166 (dealing with property suspected of being proceeds of crime)

Cases cited: None cited in the judgment text.