STATE OF TASMANIA v SCOTT RODNEY PREGNELL 28 OCTOBER 2009
COMMENTS ON PASSING SENTENCE BLOW J
I have to sentence Mr Pregnell on two charges. He has been found guilty by a jury on a charge of committing an unlawful act intended to cause bodily harm, and he has pleaded guilty to a charge of attempted armed robbery. He committed both of these crimes on 10 December last year.
The victim of the first crime was a Mr Holmes. He is Mr Pregnell's sister's partner. He and Mr Pregnell dislike each other. They had fought each other in the past. The both live in George Town. On 10 December Mr Pregnell was sitting in his car, parked in the main street of George Town, when Mr Holmes drove by. Mr Pregnell made a rude gesture. Mr Holmes parked his car, went up to Mr Pregnell's car, and punched him twice to the head through his open window. This provoked Mr Pregnell. He had a large kitchen knife in his car. After Mr Holmes had left the scene, Mr Pregnell decided to pay him a visit. He set out to drive to Mr Holmes' place but ran out of petrol. He continued on foot, carrying the knife. As he approached the house, Mr Holmes was in the front yard. They exchanged unpleasant words, and confronted one another, whereupon Mr Pregnell stabbed Mr Holmes with the knife to the left side of his abdomen, and fled.
At his trial, Mr Pregnell pleaded that he was not guilty of the crime charged, but guilty of the crime of wounding. By doing that, he conceded that he at least foresaw that his physical action was likely to result in a wound to Mr Holmes. The verdict of the jury indicates that they were satisfied beyond reasonable doubt that he intended to cause Mr Holmes grievous bodily harm. That is, they were satisfied beyond reasonable doubt that he intended to inflict a wound of such a nature as to cause, or be likely cause, serious injury to health.
Mr Holmes was lucky. The wound was in an area where there was a risk of rupturing the spleen or penetrating the bowel. Neither of those things happened. Mr Holmes was taken to the Launceston General Hospital, but was discharged seven hours later after the wound had been sutured. His wound was painful. He has been left with a scar. The psychological consequences of the stabbing have changed his life. The incident has had an impact on family relationships in all sorts of ways.
After fleeing the scene, stealing a car, driving it to Launceston, crashing it, and abandoning it, Mr Pregnell found himself on foot in the Launceston CBD. He saw a woman sitting in her car in a public car park, talking on her mobile phone, with her driver's door open. He decided to rob her of her car. He was still carrying the knife. He approached her, swore at her, and demanded the keys. By doing that, he committed the crime of attempted armed robbery. The woman saw the knife, and saw Mr Holmes' blood on it, but told Mr Pregnell very firmly to go away, which he began to do. She shut her door, locked it, telephoned the police, and followed Mr Pregnell to the Avenue, where the police overpowered Mr Pregnell with OC spray and arrested him. He has been in custody ever since.
The victim of this attempted armed robbery was very shaken afterwards. She is now nervous about going outside after dark, and fearful about her children's safety. She has received counselling. She is a religious woman, and appears to have found her faith a great help in this situation.
Mr Pregnell is 35 years old. He is a disability support pensioner. He has been unable to work since he was 24 because of a serious medical problem affecting his back. He has suffered from depression as a result of his back problem. He has had problems with drug and alcohol abuse. He has a lot of convictions for relatively minor offences, many of them alcohol-related. He has no convictions for offences involving violence, except for resisting a police officer in 1998. He has not been to prison before, but he has received suspended sentences, community service orders, and a probation order. It counts in his favour that he pleaded guilty to the second charge, that he did not succeed in causing grievous bodily harm to Mr Holmes, that he did not cause any physical harm to his second victim, and that he went away from her when she told him to do so.
However these were serious crimes of violence, and the only appropriate penalty is a substantial prison sentence. Because Mr Pregnell has no prior convictions for crimes of violence, I will impose a non-parole period close to the minimum.
Scott Rodney Pregnell, I convict you on both counts and sentence you to three years' imprisonment with effect from 10 December 2008. You will not be eligible for parole until you have served 21 months of this sentence. I order you to pay your victims of crime compensation levies of $100 within 28 days after your release from prison.