R v Cobb

[2015] NSWDC 66

District Court

New South Wales

Medium Neutral Citation:	R v Cobb [2015] NSWDC 66
Hearing dates:	4 February 2015
Date of orders:	04 February 2015
Decision date:	04 February 2015
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Sentenced to imprisonment consisting of a non-parole period of 5 years and a head sentence of 8 years.
Catchwords:	CRIMINAL LAW – Sentence – Armed robbery – In company – Offender on parole at time of offence - Parity
Cases Cited:	R v Henry [1999] NSWCCA111; 46 NSWLR 346
Category:	Sentence
Parties:	The Crown Nash Steven Cobb
Representation:	Counsel: Mr B Campbell – The Crown Mr M Moir – The Offender Solicitors: Director of Public Prosecutions
File Number(s):	2013/137497

SENTENCE

1. HIS HONOUR: All armed robberies are serious, but some are more serious than others. I have an example of a serious armed robbery before me at the moment as I am called to sentence Nash Steven Cobb. He was convicted by a jury of one offence of armed robbery. That trial was conducted before her Honour Judge Wilson SC as she then was. As a result of her Honour’s elevation, I am to sentence Mr Cobb for what he did.

2. While on parole and while under the effects of drugs, the offender and two other men disguised themselves and went into a hotel in Merewether. The hotel was closing for the night, but there were still a number of patrons and bar staff there. The offender had a very frightening weapon with him. It was described as a sword or machete. One of the other offenders, a man called Lane, also had a machete and the third, a man called McGee, had a large knife. Tendered in the trial, but not before me on sentence, was CCTV footage of the relevant events.

3. The offenders turned up in a stolen car. The offender went into the hotel first with the others behind him. Once inside the offenders told those patrons and staff who remained in the hotel to lie on ground. One of the patrons, a man called Mr Sandoz, was not immediately compliant. This caused the offender to first poke him with the weapon he had, striking him with the weapon. Lane then hit the unfortunate Mr Sandoz with the machete to his neck and head and forced him onto the ground. Fortunately for Mr Sandoz and fortunately very much for the offenders including Mr Cobb, Mr Sandoz suffered only minor injuries. Another patron also resisted. He threw a glass at the perpetrators which caused Mr Cobb to throw two glasses and an ice bucket forcibly back at the patron.

4. The offender demanded money from a young lady member of the bar staff, Ms Walker. He held the weapon that he had in his hand very close to her face. He was told that the money was in the office so he ordered her to go towards the office and demand entry. Ms Rickard, another employee, was inside the office. She opened the…