R v Ashworth [2019] NSWDC 658

District Court New South Wales

Medium Neutral Citation: R v Ashworth [2019] NSWDC 658 Hearing dates: 20 March 2019 & 16 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 3 years with a non-parole period of 1 year 9 months Catchwords: CRIME — Violent offences — Armed robbery — Offensive weapon SENTENCING — Commencement — Pre-sentence custody period SENTENCING — Relevant factors on sentence — Deterrence — General deterrence SENTENCING — Relevant factors on sentence — General principles SENTENCING — Relevant factors on sentence — Maximum penalty Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R [2013] HCA 27 Fernando [1992] 76 A Crim R 58 Henry & Ors [1999] NSWCCA 111 McNaughton [2006] 66 NSWLR 566 Category: Sentence Parties: Regina (Crown) Elissa Ashworth (Offender) Representation: Jessica Pelliccione (Crown) Nidal Abdi (Offender)

Director of Public Prosecutions (NSW) (Crown) Aboriginal Legal Service (NSW/ACT) Limited (Offender) File Number(s): 2018/00041637

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Elissa Ashworth appeared in this Court before me, on 15 February 2019 for sentence proceedings which could not be reached because of the amount of work that I had before me that day. The matter was adjourned to 20 March 2019, with priority on that occasion, with an estimate of two hours. On that day, again the workload was large and the matter could commence but not conclude. In addition, there was a question with regard to what was to happen to the offender once she was released from custody and the extent to which special circumstances might be facilitated, with an extended period on parole. Relevant to that, was the proposal of her family, namely her birth father and his wife, to provide a home and care for her once she was released. 2. That was a significant aspect of this case, because of the, one might say, regrettable life history that this young woman has suffered through her formative years. I was not prepared to resolve the matter without having evidence from her birth father, to make sure that he understood the burden that he was accepting in conjunction with his wife because there can be no doubt that the offender will provide them with some challenges once she is released on parole and given the opportunity to live with them and hopefully redirect her life. 3. That was resolved today when her father was to attend court to give evidence. Unfortunately, whilst travelling from Wagga, he was involved in a motor vehicle incident and could not continue the journey, but at 1 o'clock, was available to give evidence by way of audio-visual link from Wagga to where he had returned, after the collision. He gave evidence of his relationship with his daughter, what he and his wife proposed to do once she is released to parole, and the extent to which he will be able to, in conjunction with his wife, assist her. 4. I accept all that he had to say with regard to his obvious affection for his daughter, the obligation that he is prepared to accept, and his background which includes military service, managing his own business, which employs 120 people; these include some people with challenges such as his daughter has faced. 5. His wife has experience in alcohol and drug work and together they are confident that they will be able to recognise if she strays from the proposed path and provide whatever assistance she will require. Thus today, I have reached the point of being able to continue with the proceedings and give judgement upon the determination of the sentence, which I find is appropriate for the misconduct upon which she engaged.