STATE OF TASMANIA v ALESHA NYL PRENTICE 8 SEPTEMBER 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Alesha Nyl Prentice has been found guilty by the unanimous verdict of a jury of aggravated burglary in that on 25 October 2020, she entered a place in Longford, the property of Mr Christopher Francis Hayton as a trespasser with an intent to commit a crime, namely stealing and or assault and at the time that address was ordinarily used for the purposes of human habitation. The same jury by unanimous verdict found the defendant guilty of the crime of aggravated armed robbery in that on the same day and time of place she robbed Christopher Francis Hayton of a wallet, $200 in cash, Commonwealth bank card, personal cards, taxi vouchers and cigarettes, and at the time of that robbery was armed with an offensive weapon or instrument and that immediately before or at the time of committing that robbery, she caused bodily harm to Mr Hayton.
Ms Prentice has also pleaded guilty to a third count on the indictment before me of computer related fraud, in that at Longford on 25 October 2020 with intent to defraud she used a computer, namely an automatic teller machine to withdraw funds in the amount of $2,000 credited to a Commonwealth Bank account held by Mr Hayton.
I have seen a victim impact statement from Mr Hayton who gave evidence during the course of the trial. This has profoundly affected his life. He was left without money and was virtually without food for a week or so until further pension payments came in. His overall mental health has been affected and he now feels sad and depressed. He is afraid that this could happen again and seeks company wherever he can, which embarrasses him.
This was a serious home invasion. The complainant, Mr Hayton was beaten and the subject of theft in his own home where he would and should expect to have been safe.
There were all of the hallmarks of premeditation involved, particularly given that I find that the defendant knew Mr Hayton and had been to his premises and had in her possession documents addressed to Mr Hayton. The defendant took advantage of Mr Hayton’s vulnerabilities which were known to her.
There are no real mitigating circumstances. The defendant has not changed her instructions to her counsel as a result of the jury’s verdict. There is no expression of remorse or acceptance of the commission of the crimes.
The defendant is now 43 years old. She has no significant relevant prior convictions and no prior convictions for violent crime. She had a difficult growing up and a challenging life and was the victim of sexual crime which has left her with mental difficulties, including post traumatic stress disorder. She was an alcoholic but ceased drinking alcohol some 14 years ago. However, in its place it would appear, perhaps for self medication, she became addicted to illicit substances. She was able with the help of rehabilitation to become drug free for a period but she elapsed at the start of last year, 2020. As I have said, there are no real mitigating circumstances.
These crimes are very serious. The injuries to Mr Hayton were significant, although fortunately they appear to have had no long lasting affect on him.
The defendant is convicted of the crime of aggravated burglary, the crime of aggravated armed robbery and the crime of computer related fraud and is sentenced to 4 years’ imprisonment, backdated to 8 November 2020. I order that she not be eligible for parole until she has served half of that that sentence.