R v SBRUGNERA [2009] NSWDC 320

New South Wales District Court

CITATION: R v SBRUGNERA [2009] NSWDC 320

HEARING DATE(S): 5 November 2009 EX TEMPORE JUDGMENT DATE : 5 November 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: For the offence of robbery, the offender is sentenced to imprisonment. I set a fixed term of eighteen months. For the offence of aggravated robbery, taking into account the matters on the Form 1, the offender is sentenced to imprisonment. I set a non-parole period of one year and an overall term of three years.

CATCHWORDS: Criminal Law - Sentence - Robbery - Aggravated robbery - Form 1 - Significant criminal history

PARTIES: The Crown Jesse Sbrugnera

FILE NUMBER(S): DC 2009/7732

SOLICITORS: NSW DPP Mandy Hull & Associates

SENTENCE

1 HIS HONOUR: On 25 February 2009 a young woman was working alone in a Subway store down at Lee Wharf. She got to work just after 6.00 am and opened the store at 7.00 am. At about 7.25 the offender came in. He was determined to rob the young woman.

2 He leapt over the counter and raised his clenched fist at her. Not surprisingly, she became very frightened. He said, "Shut your fucking mouth, don't tell anyone. Where's the money?" With that, he opened the till and took $300. He did say, in an effort to reassure the young lady, "I'm not going to hurt you, I wouldn't do that," but given his earlier aggressive behaviour and given the fact that he appeared to be on drugs, it is hardly likely that the young lady was reassured by those words.

3 As he was leaving he looked at her handbag. She asked him not to take it and he said he would not. He then left the store and the victim called her employer who called the police. She then began to cry. She said she was very frightened by the robber, a matter which is easily understandable. As I mentioned, she was working there alone and she was very vulnerable.