Regina v David Rosser [2006] NSWDC 107

Regina v David Rosser [2006] NSWDC 107

Given the seriousness of assaulting a shopkeeper with intent to rob whilst armed with a syringe, soon after release from prison and in breach of a good behaviour bond, the protective and deterrent purposes of sentencing require a custodial sentence. A 25% discount applies for plea of guilty. The offender's cooperation, remorse, prospects for rehabilitation, and drug addiction are relevant but do not displace the need for substantial imprisonment. Referral to the Drug Court for compulsory drug rehabilitation is also appropriate.

Parties
Prosecutor: Regina; Offender: David Rosser
Jurisdiction
Australia
Judgment Date
03 November 2006
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence with referral to Drug Court for rehabilitation.
Legal Topics
Assault With Intent to Rob, Sentencing, Compulsory Drug Rehabilitation, Drug Related Offences, Use of Offensive Weapon
Criminal Law Assault With Intent to Rob Sentencing Compulsory Drug Rehabilitation Drug Related Offences Use of Offensive Weapon

Case Brief

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Parties

Regina

Prosecutor

David Rosser

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for assault with intent to rob whilst armed, committed by a drug-affected, recently released offender?
  2. 2 To what extent do subjective factors and prospects for rehabilitation mitigate sentence?
  3. 3 Should the offender be referred to a compulsory drug rehabilitation program under existing statutory schemes?

Ratio Decidendi

Given the seriousness of assaulting a shopkeeper with intent to rob whilst armed with a syringe, soon after release from prison and in breach of a good behaviour bond, the protective and deterrent purposes of sentencing require a custodial sentence. A 25% discount applies for plea of guilty. The offender's cooperation, remorse, prospects for rehabilitation, and drug addiction are relevant but do not displace the need for substantial imprisonment. Referral to the Drug Court for compulsory drug rehabilitation is also appropriate.

Court Disposition

Conviction and custodial sentence with referral to Drug Court for rehabilitation.

Orders

  • Convicted of assault with intent to rob whilst armed with an offensive weapon.
  • Sentenced to a non-parole period of 22 months from 7 July 2006 to 6 May 2008.