R v Pratt

[2021] NSWDC 335

District Court

New South Wales

Medium Neutral Citation:

R v Pratt [2021] NSWDC 335

Hearing dates:

22 July 2021

Decision date:

22 July 2021

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Use offensive weapon to intimidate: Sentenced to a term of imprisonment of 3 years 4 months. Non parole period of 1 year 8 months.

Breach Community Corrections orders: Sentenced to a term of imprisonment of 3 months.

Catchwords:

CRIME - Use offensive weapon to intimidate - in company

SENTENCING – Relevant factors- two offenders – both armed - victim threatened and manhandled – offender on parole and bonds - offender left the crime before its completion- Form 1 – early guilty plea - powerful subjective case – special circumstances

Legislation Cited:

Crimes Act 1900

Crimes (Administration of Sentences) Act 1999

Crimes (Sentencing Procedure) Act 1999

Criminal Procedure Act1986

Cases Cited:

R v Herring (1956) 73 WN (NSW) 203

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704

Texts Cited:

Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497.

Category:

Sentence

Parties:

Benjamin Pratt (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr B Hart (for the offender)
Ms A Hughes, Solicitor Advocate (for Director of Public Prosecutions

Solicitors:
McAneny Lawyers (for the offender)

File Number(s):

2020/00272892; 2017/00285993

SENTENCE

Facts for sentence

1. At about 8:30pm on 23 March 2020, the victim, a man then aged 50, drove his friend’s car back into the car space of her unit block in Market St. Wollongong. He had taken her car to the shops to buy soft drinks and milk. He was confronted in the carpark by two men. Both wore dark clothes and gloves. Their heads and faces were partially covered by masks and hoods. Their victim was told to “get the fuck inside’ and shoved inside the door of a stairwell. He was forced up the stairs.

2. Part of what occurred was captured by CCTV. The victim’s confusion and befuddlement at being confronted by two obviously armed and dangerous men is obvious,

3. One of his attackers had a large hammer or mallet; the other had a shortened firearm. They both waved these weapons about. The victim asked “who are you, what do you want.” Both men were shouting at him. They wanted him to open a door. He said he had no keys.

4. The victim was hit in the chest with the mallet. When they got to the top level near his friend’s unit he was told to “get down.” Instead he threw the drinks at the men. The bottles missed and the men hit him with their weapons. He used a bamboo screen to hit out at the men and protect himself. He told them to “fuck off.” The man with the mallet ran down the stairs.

5. Only after that man had left the enterprise did the other man shoot his victim in his knee. Realising he’d left the keys in…