R v Lee BOBROVIZKI [2008] NSWDC 164

New South Wales District Court

CITATION: R v Lee BOBROVIZKI [2008] NSWDC 164

HEARING DATE(S): 20 June 2008

JUDGMENT DATE: 20 June 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment with a non-parole period of twelve months and a head sentence of eighteen months. That sentence is to be served by way of periodic detention.

CATCHWORDS: CRIMINAL LAW - Sentence - Robbery - Affray - Serious breach of the peace

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: The Crown Lee Bobrovizki

FILE NUMBER(S): DC 2008/11/0184

COUNSEL: M Buscombe (Offender)

SOLICITORS: NSW DPP Chalmers Marx

SENTENCE

1 HIS HONOUR: The offender Lee Bobrovizki stands for sentence for an offence of robbery committed in the most disgraceful circumstances. He asks that when I sentence him for that matter I take into account an offence of affray arising out of the same incident.

2 The offender went to a takeaway food store one evening. Also in the food store were a number of other people. They had been out that evening. Everyone, presumably, was out to enjoy themselves. For reasons which are very difficult to understand, the offender decided to turn what should have been a pleasant evening into a violent one.

3 When later interviewed by police, the offender attempted to blame the victim for what later occurred but I reject that completely. There is nothing in the statement of the victim or the those who witnessed the offence to suggest that the victim did anything to provoke what later happened to him. Those statements were tendered before the court without objection. Mr Buscombe who appears for the offender at no stage suggested that the victim had in any way provoked his client.