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Police v Scott Michael Widdison

Police v Scott Michael Widdison

Case [2011] NSWLC 26 23 August 2011

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Local Court

New South Wales

Medium Neutral Citation: Police v Scott Michael WIDDISON [2011] NSWLC 26
Hearing dates: 12/08/2011
Decision date: 23 August 2011
Jurisdiction: Criminal
Before: Magistrate Lerve
Decision:
The offender is convicted. Consequent upon that conviction the offender is sentenced to a non-parole period of 12 months to date from today, 23 August 2011 to expire on 22 August 2012. Thereafter, I specify a balance of term of 10 months to commence on 23 August 2012, and expire on 22 June 2013.

Catchwords: CRIMINAL LAW - reckless infliction of grievous bodily harm - need for general deterrence - strong subjective case - full time sentence called for
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Attorney General's Reference Pursuant to s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 2 of 2002 (2002) 137 A Crim R 196
Blundell v R (2008) 70 NSWLR 660
Bourke v R [2010] NSWCCA 22
McCullough v R [2009] NSWCCA 94
McKenna v R [2007] NSWCCA 113
Nowak v R [2008] NSWCCA 89
R v Boney [2008] NSWCCA 313
R v Carroll [2008] NSWCCA 218
R v Doan (2000) 50 NSWLR 115
R v Dodd (1991) 57 A Crim R 349
R v Mitchell and Gallagher (2007) 177 A Crim R 94
R v Van Rysewyk [2008] NSWCCA 130
R v Way (2004) 60 NSWLR 168
R v Zamagias [2002] NSWCCA 17
Thewlis v R [2008] NSWCCA 176
Tsokos (unreported, NSWCCA, 19/6/1995)
Category: Sentence
Parties: Police
Scott Michael Widdison (the offender)
Representation: Mr A Blackman of Counsel for the offender
Sgt V Short, police prosecutor

File Number(s): 2011/60622

JUDGMENT

Remarks on Sentence

The offender is charged with the following:

"(That he) on 17 February 2011 at Corowa in the State of New South Wales did recklessly cause grievous bodily harm to Andrew Vaughan"; contrary to section 35(2) of the Crimes Act 1900.

A plea of not guilty was entered at the first return date at Corowa Local Court on 23 March 2011, but the matter was never listed for hearing, and Counsel for the offender indicated a plea of guilty on 22 June 2011. In these circumstances, noting the serious nature of the charge I will proceed on the basis that the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.

Facts

As is customary in the Local Court the matter proceeded by way of tender of a Police Fact Sheet to which there was no apparent objection. I will proceed to sentence on the basis that the contents of that Police Fact Sheet are agreed facts. The fact sheet remains with the papers, but I will summarise those facts.

On the afternoon of 17 February 2011 the victim, Andrew Vaughan and the offender attended to Newmarket Hotel in Corowa to attend a farewell function for a work colleague. Both men worked at the "Rivalea" Piggery at Corowa. After apparently spending some time at the Newmarket Hotel they moved…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Scott Michael Widdison

Details

AGLC: Police v Scott Michael Widdison [2011] NSWLC 26
Case: [2011] NSWLC 26
Decision Date: 23 August 2011

CaseChat Overview and Summary

Police v Scott Michael Widdison was a criminal case heard in the relevant court, in which the defendant, Scott Michael Widdison, was accused of recklessly inflicting grievous bodily harm upon another individual. The matter was brought before the court to determine the appropriate legal consequences for the defendant's actions.

The primary legal issue that the court had to address was whether the defendant's actions constituted reckless infliction of grievous bodily harm and, if so, what sentence would be appropriate in this case. The court also considered the need for general deterrence and the strength of the subjective case against the defendant in reaching its decision.

The court found that the defendant's actions did indeed amount to reckless infliction of grievous bodily harm. The court emphasised that a full-time sentence was necessary to achieve the goal of general deterrence. After carefully considering the circumstances of the case and the relevant legal principles, the court sentenced the defendant to a non-parole period of 12 months, which would expire on 22 August 2012, followed by a balance of term of 10 months, expiring on 22 June 2013. This sentence was intended to reflect the seriousness of the offence and the need for general deterrence.

Orders

Orders of the court

The offender is convicted. Consequent upon that conviction the offender is sentenced to a non-parole period of 12 months to date from today, 23 August 2011 to expire on 22 August 2012. Thereafter, I specify a balance of term of 10 months to commence on 23 August 2012, and expire on 22 June 2013.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Police v Scott Michael Widdison [2011] NSWLC 26

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 17 of 17 shown

Bourke v R
[2010] NSWCCA 22 Para 1

…ubstantial tolerance to alcohol. Intoxication is not usually a mitigating factor, and this matter is no exception to that general rule. In Bourke v R [2010] NSWCCA 22 McClellan CJ at CL (Price and RA Hulme JJ agreeing) said at [26] and [28]:…
McCullough v R
[2009] NSWCCA 94 Para 1

…cifically to assess the criminality, it is important to note that the offence on which I am passing sentence is a "result" offence. In McCullough v R [2009] NSWCCA 94, Howie J (McClellan CJ at CL, Simpson J agreeing) said at [37]:…
R v Boney
[2008] NSWCCA 313 Para 1

…the need for a lengthy period of supervision directed towards issues relating to alcohol. On the issue of special circumstances Hulme J in R v Boney [2008] NSWCCA 313 said at [48]:…
R v Carroll
[2008] NSWCCA 218 Para 1

…by alcohol or other mind-altering substances. See for example R v Mitchell & Gallagher (2007) 177 A Crim R 94; [2007] NSWCCA 296 at [29]; R v Carroll [2008] NSWCCA 218 per McClellan CJ at CL, Hislop J agreeing, Simpson J dissenting at [21] and McKenna v R [2007] NSWCCA 113 at [2] per McClellan CJ at CL. The cases al…
Thewlis v R
[2008] NSWCCA 176 Para 1

…not as if the offender fled the scene. The ambulance was called, and accordingly, there was some preliminary assistance to the victim. In Thewlis v R [2008] NSWCCA 176 Spigelman CJ (Price J agreeing) said at [4]-[6]:…
R v Van Rysewyk
[2008] NSWCCA 130 Para 1

…es". I accept that this amounts to evidence that I can accept that the offender has genuine remorse for his actions - see for example R v Van Rysewyk [2008] NSWCCA 130.…
Blundell v R
[2008] NSWCCA 92 Para 1

…ve submissions put the principle of parsimony. That principle forms no part of the sentencing law in New South Wales. In the decision of Blundell v R (2008) 70 NSWLR 660; [2008] NSWCCA 63, Simpson J (with Grove J specifically agreeing on this issue) after reviewing a number of authorities on the issue said at [47]:…
Nowak v R
[2008] NSWCCA 89 Para 1

…as an important (although not the only) factor in the assessment of the objective seriousness of the criminality involved. See for example Nowak v R [2008] NSWCCA 89.…
Blundell, Paul John v R (Cth)
[2008] NSWCCA 63 Para 1

…e principle of parsimony. That principle forms no part of the sentencing law in New South Wales. In the decision of Blundell v R (2008) 70 NSWLR 660; [2008] NSWCCA 63, Simpson J (with Grove J specifically agreeing on this issue) after reviewing a number of authorities on the issue said at [47]:…
Kelly v R
[2007] NSWCCA 357 Para 30

…least as, on one construction of DB; DNN , it appears to have been interpreted by Adams J, is part of the sentencing law of NSW. In Kelly v The Queen [2007] NSWCCA 357 at [30] Basten JA rejected that construction of the judgment in DB; DNN . Adams J, who, coincidentally, was also a member of that Bench, agreed with…
R v Mitchell; R v Gallagher
[2007] NSWCCA 296 Para 1

…In R v Mitchell and Gallagher (2007) 177 A Crim R 94; [2007] NSWCCA 296, Howie J said inter alia at [27]:…
R v McKenna
[2007] NSWCCA 113 Para 1

…94; [2007] NSWCCA 296 at [29]; R v Carroll [2008] NSWCCA 218 per McClellan CJ at CL, Hislop J agreeing, Simpson J dissenting at [21] and McKenna v R [2007] NSWCCA 113 at [2] per McClellan CJ at CL. The cases also address the issue of community concern over such matters.…
R v Way
[2004] NSWCCA 131 Para 1

…In passing I note the decision of R v Way (2004) 60 NSWLR 168, which is authority for the proposition that on a plea of guilty if the matter were dealt with on indictment the standard non-parole period is a guidepost to which the court should have reference in passing sentence.…
R v Doan
[2003] NSWSC 345 Para 1

…This is a matter to which the principles enunciated in R v Doan (2000) 50 NSWLR 115 apply. In that decision Grove J (Spigelman CJ and Kirby J agreeing) said at [35]:…
Regina v Mitchell
[2002] NSWCCA 270 Para 1

…In R v Mitchell and Gallagher (2007) 177 A Crim R 94; [2007] NSWCCA 296, Howie J said inter alia at [27]:…
R v Zamagias
[2002] NSWCCA 17 Para 1

…The next issue to be determined is whether the sentence should be suspended. Howie J in decision of Zamagias [2002] NSWCCA 17 said at [32]:…
R v Henry
[1999] NSWCA 111

…induced intoxication or addiction at an age of rational choice involves moral culpability for the predictable consequences of that choice. R v Henry (1999) 46 NSWLR 346 at 383.…

Legislation cited in this decision · 2

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 1)
Crimes Act 1900 (ACT)
1 mention (from Para 1)

Medium Neutral Citation:	Police v Scott Michael WIDDISON [2011] NSWLC 26
Hearing dates:	12/08/2011
Decision date:	23 August 2011
Jurisdiction:	Criminal
Before:	Magistrate Lerve
Decision:	The offender is convicted. Consequent upon that conviction the offender is sentenced to a non-parole period of 12 months to date from today, 23 August 2011 to expire on 22 August 2012. Thereafter, I specify a balance of term of 10 months to commence on 23 August 2012, and expire on 22 June 2013.
Catchwords:	CRIMINAL LAW - reckless infliction of grievous bodily harm - need for general deterrence - strong subjective case - full time sentence called for
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General's Reference Pursuant to s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 2 of 2002 (2002) 137 A Crim R 196 Blundell v R (2008) 70 NSWLR 660 Bourke v R [2010] NSWCCA 22 McCullough v R [2009] NSWCCA 94 McKenna v R [2007] NSWCCA 113 Nowak v R [2008] NSWCCA 89 R v Boney [2008] NSWCCA 313 R v Carroll [2008] NSWCCA 218 R v Doan (2000) 50 NSWLR 115 R v Dodd (1991) 57 A Crim R 349 R v Mitchell and Gallagher (2007) 177 A Crim R 94 R v Van Rysewyk [2008] NSWCCA 130 R v Way (2004) 60 NSWLR 168 R v Zamagias [2002] NSWCCA 17 Thewlis v R [2008] NSWCCA 176 Tsokos (unreported, NSWCCA, 19/6/1995)
Category:	Sentence
Parties:	Police Scott Michael Widdison (the offender)
Representation:	Mr A Blackman of Counsel for the offender Sgt V Short, police prosecutor
File Number(s):	2011/60622