R v Pash

[2019] NSWDC 842

District Court

New South Wales

Medium Neutral Citation:	R v Pash [2019] NSWDC 842
Hearing dates:	16 December 2019
Decision date:	17 December 2019
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Special circumstances found – need for assistance whilst on parole in respect of drug and alcohol abuse and anger management. Indicative sentences of imprisonment: 001: 3 years s166 matters: 002: 6 months 003: 6 months Aggregate sentence: Sentenced to a term of imprisonment of 3 years and 6 months comprising a NPP of 2 years to commence on 12 August 2019 and to expire on 11 August 2021, and a balance of term of 1 year and 6 months to commence on 12 August 2021 and to expire on 11 February 2023.
Catchwords:	CRIMINAL – Sentence - aggravated assault with intent to rob – s166 matters - common assault – coward’s punch - larceny – robbery and assault at railway station and liquor shop – serious breaches of the peace - subjective matters
Legislation Cited:	Crime (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 Kennedy v R [2010] NSWCCA 260 R v Fernando (1992) 76 A Crim R 58 R v Ibrahimi [2005] NSWCCA 153 R v Ranse NSWCCA (unrep 8 August 1994)
Category:	Sentence
Parties:	Regina Pash, Gordon
Representation:	Solicitors: Crown: Mr D Waldmann Defence: Mr M Betts, Mr I Vizintin
File Number(s):	2018/00331133

Judgment

1. Gordon Pash appears for sentence in respect of an offence of aggravated assault with intent to rob contrary to s 95(1) of the Crimes Act. The maximum penalty provided is 20 years’ imprisonment and there is no standard non-parole period.

2. In addition, he is to be sentenced in respect of two offences contained on a s 166 certificate as related offences, being a common assault contrary to s 61 and a larceny contrary to s 117, which could be described accurately as shoplifting. Each of those matters would have been dealt with in the Local Court except for the temporal relationship to the more serious offence.

3. The offender was committed for trial on 23 April 2019 from the Downing Centre Local Court and entered a plea of guilty on 16 October 2019 at the Sydney District Court, which was some five days in advance of the listed trial date of 21 October 2019. He is entitled to a discount for the benefit of his plea, although belatedly entered, and a discount of 5% for utility is appropriate.

4. The facts are agreed and they are as follows:

5. On 9 July 2018 at 2.20pm, the offender and an unidentified male were captured by CCTV at Kogarah Railway Station, walking through a concourse ticket gate. The facts include descriptions of their clothing and still images taken from the CCTV. The offender was also depicted, as he walked through the ticket gate, holding a single black glove in his left hand.

6. The offender and unidentified male entered the platform elevator which took them down to Platform…