R v Robert ROSALIN [2006] NSWDC 161

New South Wales District Court

CITATION: R v Robert ROSALIN [2006] NSWDC 161

HEARING DATE(S): 03/08/2006

JUDGMENT DATE: 3 August 2006

EX TEMPORE JUDGMENT DATE : 08/03/2006

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [14]

CATCHWORDS: Criminal Law - Sentence - Assault - Mental Health

LEGISLATION CITED: Crimes Act

PARTIES: Crown Robert Rosalin

FILE NUMBER(S): 06/11/0503

SOLICITORS: NSW DPP Shopfront Youth Legal Centre

SENTENCE

1 HIS HONOUR: Robert Rosalin appears for sentence today. He pleaded guilty in the Local Court to two offences of assaulting with intent to rob in circumstances of aggravation but for reasons concerned with some defect in the committal papers, an indictment was presented today and the offender pleaded guilty once more to those two charges. However, the pleas were originally entered, if not at the earliest opportunity, then close to it so I will discount the sentence as I would otherwise have imposed by twenty-five per cent to reflect that circumstance.

2 The offences to which Mr Rosalin pleaded guilty both occurred in the early hours of Saturday 18 February 2006. The offender said that he was drunk. He met up with some friends of friends and for reasons which the offender could not explain he decided to approach an innocent passer by. This man was on Pyrmont Bridge when he was approached by the offender and another person. The offender said to him "Give me all your money". The second person, although saying "Do not worry he is just pissed", grabbed the victim by his throat and began searching his pockets. He said "Give me your money or we are going to bash you". This offender, Mr Rosalin then joined in as well, putting his hand into the victim's pockets before punching him to the right side of his face. Other punches were thrown but the victim was unaware as to exactly how many.