R v Pash [2019] NSWDC 842

R v Pash [2019] NSWDC 842

The aggravated assault with intent to rob was a serious random attack on a public transport user involving a coward's punch and demand for money, phone or wallet, with an unexplained second attempted assault. The later common assault on a Woolworths employee intervening in shoplifting was also serious. Although the offender's deprived background reduced moral culpability and totality required allowance for custody on related same-day offending, his long history of violent and property offending, offending while subject to a s 9 bond, poor response to supervision, substance abuse, limited remorse, high risk of reoffending and need for general and specific deterrence meant that no penalty...

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years and 6 months with a non-parole period of 2 years.
Legal Topics
['aggravated Assault With Intent to Rob' 'common Assault' 'larceny' 's 166 Certificate Matters' 'guilty Plea Discount' 'special Circumstances' 'conditional Liberty' 'drug and Alcohol Abuse' 'violent Offending']
['criminal Law' 'sentencing'] ['aggravated Assault With Intent to Rob' 'common Assault' 'larceny' 's 166 Certificate Matters' 'guilty Plea Discount' 'special Circumstances' 'conditional Liberty' 'drug and Alcohol Abuse' 'violent Offending']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated assault with intent to rob contrary to s 95(1) of the Crimes Act and two related s 166 certificate offences of common assault and larceny.' "Whether the objective seriousness of the aggravated assault with intent to rob required imprisonment, having regard to the random coward's punch, attempted robbery at a railway station and the later assault on a Woolworths employee." "What weight should be given to the offender's guilty plea, criminal history, breach of a s 9 bond, difficult childhood and adolescence, substance abuse, remorse, prospects of rehabilitation and risk of reoffending." 'Whether special circumstances should be found and how the aggregate sentence and non-parole period should be structured in light of totality and prior custody arising from later offences committed on the same day.']

Ratio Decidendi

The aggravated assault with intent to rob was a serious random attack on a public transport user involving a coward's punch and demand for money, phone or wallet, with an unexplained second attempted assault. The later common assault on a Woolworths employee intervening in shoplifting was also serious. Although the offender's deprived background reduced moral culpability and totality required allowance for custody on related same-day offending, his long history of violent and property offending, offending while subject to a s 9 bond, poor response to supervision, substance abuse, limited remorse, high risk of reoffending and need for general and specific deterrence meant that no penalty...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years and 6 months with a non-parole period of 2 years.

Orders

  • ['Convicted.' 'Special circumstances found – need for assistance whilst on parole in respect of drug and alcohol abuse and anger management.' "Indicative sentence for offence 001, aggravated assault with intent to rob contrary to s 95(1): 3 years' imprisonment." "Indicative sentence for offence 002 on the s 166...