Regina v David Rosser [2006] NSWDC 107

New South Wales District Court

CITATION: Regina v David Rosser [2006] NSWDC 107

HEARING DATE(S): 31/10/06

JUDGMENT DATE: 3 November 2006

JUDGMENT OF: Nicholson SC DCJ

DECISION: Sentenced - NPP 22 Mths to date from 7 July 2006 and expire 6 May 2008. Balance of term - 5mths to expire 6 October 2008.; Referred to Drug Court for Compulsory Drug Rehabilitation Program.

CATCHWORDS: Criminal Law - Sentence - Assault with intent to rob whilst armed with offensive weapon - released from sentence custody two days prior - sentenced - more than 18 months NPP - referral to compulsory drug treatment program for sentenced prisoners.

PARTIES: Regina David Rosser (Offender)

FILE NUMBER(S): 06/21/0304

SOLICITORS: MS HALL (Offender) MS ROBERTS (Crown)

JUDGMENT 1 HIS HONOUR: David Rosser had been released from prison on 5 July 2006. He had just finished serving four months imprisonment for driving whilst disqualified. It would seem his major priority on release was to consume drugs. He spent the night of 6 July, as best I can tell, at Forster House, a half way rehabilitation place with only fifty cents to his name. It would seem he did not get a good night sleep. He caught a train the following morning to Burwood. He did not pay for the ticket. He once had a friend in Burwood, but it seems he never intended to meet up with him.

2 He walked around trying to think of a way to get money. He reached a newsagency in Concord East. He saw a sign saying "Lotteries". There were two insulin syringed needles in his bum bag. He told police, and I accept it as an accurate account, "It all happened so fast, I didn't plan on doing it really until I was out the front of the shop, but then five minutes later, you know what I mean, not even that, I'm running down the road. So it all happened really fast, probably about one minute."