R v NOLAN; R v ILIEVSKI; R v KWU [2021] NSWDC 202

R v NOLAN; R v ILIEVSKI; R v KWU [2021] NSWDC 202

Significant planning, coordination and execution in company of a violent, armed robbery with a loaded firearm, resulting in direct psychological harm well beyond that anticipated by the nature of the offence, and the creation of sophisticated alibi attempts, warranted sentences towards the higher end of the range for offences of this kind. Absence of remorse, significant criminal antecedents, and need for deterrence reinforced lengthy custodial terms. Sentencing parity and the ceiling principle required equivalent terms for principal participants and an aggregate for Ilievski reflecting his additional offences; discounts were applied only where pleas were entered.

Parties
Crown: Regina; Accused: NOLAN, Shane Lawrence; Accused: ILIEVSKI, Tony; Accused: KWU, Muhammad Dean
Jurisdiction
Australia
Judgment Date
01 February 2021
Procedural Posture
Criminal / Sentence After Trial (third Retrial)
Outcome
Nolan: Convicted on each count; sentenced to fixed and term imprisonment; Ilievski: Convicted; aggregate sentence imposed; Kwu: Convicted; sentenced to imprisonment; All: imprisoned, parole periods set. Any count subject to withdrawal was withdrawn and dismissed.
Legal Topics
Armed Robbery, Aggravated Robbery, Being Armed With a Dangerous Weapon, Aggravated Break and Enter and Commit Serious Indictable Offence, Drive or Be Carried in a Conveyance, Circumstantial Evidence, Sentencing, Objective Seriousness, Joint Criminal Enterprise, Parole Eligibility, Aggravating Features, Planning and Execution of Offence
Criminal Law Armed Robbery Aggravated Robbery Being Armed With a Dangerous Weapon Aggravated Break and Enter and Commit Serious Indictable Offence Drive or Be Carried in a Conveyance Circumstantial Evidence Sentencing +5 more

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Parties

Regina

Crown

NOLAN, Shane Lawrence

Accused

ILIEVSKI, Tony

Accused

KWU, Muhammad Dean

Accused

Procedural Posture

Criminal / Sentence After Trial (third Retrial)

Legal Issues

  1. 1 Appropriate sentences for aggravated armed robbery with a dangerous weapon
  2. 2 Assessment of objective seriousness of the offences and roles of offenders
  3. 3 Application of sentencing principles, including 'ceiling principle,' totality, parity

Ratio Decidendi

Significant planning, coordination and execution in company of a violent, armed robbery with a loaded firearm, resulting in direct psychological harm well beyond that anticipated by the nature of the offence, and the creation of sophisticated alibi attempts, warranted sentences towards the higher end of the range for offences of this kind. Absence of remorse, significant criminal antecedents, and need for deterrence reinforced lengthy custodial terms. Sentencing parity and the ceiling principle required equivalent terms for principal participants and an aggregate for Ilievski reflecting his additional offences; discounts were applied only where pleas were entered.

Court Disposition

Nolan: Convicted on each count; sentenced to fixed and term imprisonment; Ilievski: Convicted; aggregate sentence imposed; Kwu: Convicted; sentenced to imprisonment; All: imprisoned, parole periods set. Any count subject to withdrawal was withdrawn and dismissed.

Orders

  • Nolan: Fixed term of 20 months (steal/carried) from 18 Sep 2013 to 17 May 2015; 14 years imprisonment (armed robbery) with 9 year non-parole from 24 Dec 2015, eligible for parole 23 Dec 2024, balance 5 years to 23 Dec 2029; 001 – s166 matter withdrawn and dismissed.
  • Ilievski: Aggregate sentence of 16 years with 10 years 6 months non-parole for armed robbery and aggravated break and enter, commencing 10 Jan 2018, eligible for parole 9 July 2028, balance 5 years 6 months to 9 Jan 2034; indicative sentences: 4y9m each (NPP 3y6.5m) for break/enter; 14 years for armed robbery.