NSW Caselaw
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 Act 1986 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
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