R v Pughe

SENTENCE

1. Robert Pughe (31 years) appears for sentence in relation to the following 10 offences:
2. Count 1 - one offence of demand with menaces by accusation that person has committed a serious indictable offence ($20,000)(section 249K(2), Crimes Act). The maximum prescribed penalty for this offence is 14 years imprisonment. There is no prescribed standard non-parole period.
3. When dealing with the offender for that offence the court is taking into account a further 5 offences on a Form 1 of demand with menaces intending to obtain a gain (section 249K(1)(a), Crimes Act) (H65973646 sequence 4 ($25,000), sequence 5 ($30,000), sequence 6 ($64,000), sequence 12 ($37,700) and sequence 15 ($20,000). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
4. Count 2 ($30,000), count 3 ($50,000), count 4 ($18,000), count 5 ($16,240), count 6 ($4,115), count 7 ($243,000), count 8 ($39,900), count 9 ($16,000), count 10 (no funds gained) - 9 offences of demand money with menaces intending to obtain a gain (section 249K(1)(a), Crimes Act). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
5. The offender pleaded guilty on 18 July 2019 at the Gosford District Court. The pleas were entered at arraignment. In circumstances where there were negotiations in relation to the pleas for some weeks before the arraignment, I propose to allow discount on sentence of 20 %.
6. The offender has spent 308 days in custody referrable to these offences. Accordingly, the sentence imposed today will date from 28 December 2018.
7. At the outset I note that the co-offender Cheree Turner appeared before me for sentence on 7 August 2019 (R v Turner [2019] NSWDC 618). She was sentenced to a total aggregate sentence of 10 years imprisonment with a non-parole period of 6 ½ years after receiving a combined discount on sentence of 40% (for the plea of guilty and assistance).