Regina v Kane William Wratten [2007] NSWDC 279

New South Wales District Court

CITATION: Regina v Kane William Wratten [2007] NSWDC 279

4, 12, 14, 15, 18, 19 June 2007 HEARING DATE(S): 24 September 2007 22 October 2001

JUDGMENT DATE: 29 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Sentenced to imprisonment for 2 years, Suspended pursuant to entering s12 Good Behaviour Bond with conditions. Sentence not imposed until parties satisfied resources available in country town. Adjourned for 2 weeks.

CATCHWORDS: Criminal law - Sentence - Robbery armed with offensive weapon - Form 1 - Rob in Company - Pizza delivery robberies - teenage male offender - violent, unstable, alcoholic role models upbringing - expressed willingness to rehabilitate.

Gladue v Regina [1999] 1SCR 688 [80] R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] NSWLR 599 R v Hayes [1984] 1 NSWLR 740 CASES CITED: R v Rouse unreported NSWCCA 8 August 1992 Walden v Hensler 163 CLR 561 R v Porter (1933) 55 CLR 182 R v Henry and others (1999) 46 NSWLR 340 The Attorney General's application pursuant to s37 Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2004) 61 NSWLR 305. R v Thompson, R v Houlton (2000) 49 NSWLR 383

PARTIES: Regina Kane William Wratten

FILE NUMBER(S): 06/31/0426

SOLICITORS: Crown: Ms Robertson Defence: Mr Zabi

JUDGMENT 1 HIS HONOUR: Those men and women who deliver pizzas take not only the pizza with them on delivery but sums of cash so as to change $50 or $100 notes for customers.

2 On 16 July 2005 a nineteen year old Alisha Breen drove to an address in Albury. She was delivering a pizza that had been ordered earlier that night. In circumstances to which I shall come shortly, Kane Wratten, then aged eighteen, using a large serrated edged breadknife, callously robbed this teenage girl of the pizza and a smallish sum of money.