R v Nguyen, Tuan and Baverstock, Daniel [2010] NSWDC 87

New South Wales District Court

CITATION: R v Nguyen, Tuan and Baverstock, Daniel [2010] NSWDC 87 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 26 February 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Daniel Baverstock: DECISION: Convicted. Bail Pursuant to Section 11 of the Crimes (Sentencing Procedure) Act 1999, granted to both offenders for period of 12 months

CATCHWORDS: Criminal Law - Sentencing - s. 11 bail - aggravated assault with intent to rob - attack victim on train in early hours of morning - striking to face of victim by both offenders - demands for money - injury to face and elbow - seven discreet sites of injury - offenders aged 19 and 20 - both heavily intoxicated - motive for robbery - to obtain funds for continuation of drinking session - potential link between assault and heavy participation in violent video games - serious issues in childhoods - significant drug and alcohol histories - rehabilitation prospects for each clouded - Crown support s.11 bail option.

CASES CITED: Gladue v The Queen [1999] 1SCR 688 [80]

Regina PARTIES: Tuan Anh Nguyen Daniel Baverstock

FILE NUMBER(S): 2009/00010200; 2009/00010220

COUNSEL: Defence for Nguyen: A Williams Defence for Baverstock: R Driels

SOLICITORS: Crown:Mr B Barnes - Office of DPP, Sydney

JUDGMENT

1. Daniel Baverstock and Tuan Anh Nguyen are aged nineteen and twenty, respectively. The offence they committed carries a maximum penalty greater than the lifespan thus far of one of them and equal to the lifespan thus far of the second.

2. An interesting but unsurprising aspect of this case is that both young men are second generation offenders. Each has a father who has served time. Rather than using that as a reason for staying out of trouble, each may be content to trace the father's footsteps to the gaol door.