Australia, April 27 -- New South Wales Land and Environment Court issued text of the following judgement on March 28:

1. On 21 November 2024, at the time of trial, the offender pleaded guilty to the following offence: -

Attempt to commit offence: take/detain in company with intent to commit serious indictable offence occasion actual bodily harm.

2. The offender adhered to his guilty plea on the sentence hearing.

3. The offender is to be sentenced with his two co-offenders who are also to be sentenced with respect to the identical offence. The maximum penalty for the offence is 25 years imprisonment with no standard non-parole period. The maximum penalty operates as a sentencing guidepost or reference point and reflects the seriousness of the offence for which the offender is to be sentenced.

4. Admitted on behalf of the Crown was the following:

1) Exhibit C1: Notice of Committal

2) Exhibit C2: Indictment

3) Exhibit C3: S166 Certificate

4) Exhibit C4: Statement of Agreed Facts

5) Exhibit C5: Addendum to Agreed Facts

6) Exhibit C6: Breach of Parole Report dated 23 December 2022

7) Exhibit C7: Revocation of Parole Order dated 18 January 2023

8) Exhibit C8: Determination by State Parole Authority in Respect of Review of Revocation Order dated 16 February 2023

9) Exhibit C9: Criminal History

10) Exhibit C10: Custodial History

11) Exhibit C11: Redacted Victim Impact Statement

12) Exhibit C12: USB containing three videos of offence

5. Admitted on behalf of the offender was the following: -

1. Exhibit O1: Joshua Cowan Juvenile Custodial History

2. Exhibit O2: Psychological Report under the hand of Dr Clara Fritchley dated 7

February 2025

3. Exhibit O3: Letter from Shine Lawyers dated 4 March 2025

4. Exhibit O4: Affidavit of Coral Booth dated 17 February 2025

5. Exhibit O5: Affidavit of Cheryl Cowan dated 17 February 2025

6. Exhibit O6: Letter from South Coast AMS

7. Exhibit O7: Justice Health Materials

Agreed facts

6. The agreed facts are common to each of the offenders to be sentenced being the offender (Cowan), Joshua Elliott (Elliott) and Timothy Elder (Elder), supplemented by CCTV recordings from a neighbouring property.

7. The complainant, Simon Horsely, had an outstanding drug-related debt with John Elliott, who is the brother of Elliott.

8. On 29 October 2022 the complainant attended an address in Nowra to obtain drugs, where Elder was present with a female. After the complainant had sat down, intending to make an electronic payment via his mobile phone, three additional men entered the house, being the offenders Elliott and Cowan, as well as an unidentified male. The four-men (three co-offenders and unknown male) then assaulted the complainant before Elliott said, "Grab him and put his hand up on the bench I'm going to cut his fingers off". In the meantime, the complainant was subjected to numerous punches although he was unable to specifically attribute them to any particular offender given he was attempting to protect his head from the ongoing assault. In response to Elliott's statement Cowan and Elder dragged the complainant to the kitchen and held his hand out on the kitchen bench. Elliott could be heard turning the angle grinder on and off although it was never actually used on the complainant.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195ea688c83ba9581422d65c)

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