R v Aiga

[2023] NSWDC 622

District Court

New South Wales

Medium Neutral Citation:

R v Aiga [2023] NSWDC 622

Hearing dates:

26-27 October 2023

Date of orders:

27 October 2023

Decision date:

27 October 2023

Jurisdiction:

Criminal

Before:

Neilson DCJ

Decision:

See par [40].

Catchwords:

CRIME – SENTENCE – Causing grievous bodily harm – Being reckless as to causing actual bodily harm – Crimes Act 1900 s 35(2) and common assault – Glassing of a bar worker by a patron at a tavern – Offender was drunk – Long criminal history of alcohol related offences – Female victim left with a 6cm scar on left side of face.

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Callaghan v Regina [2006] NSWCCA 58

Filippou v The Queen [2015] 256 CLR 47

Texts Cited:

Nil.

Category:

Sentence

Parties:

Rex – Crown
Accused – Mr Filo Aiga

Representation:

Counsel:
Rex – Mr Bell.
Accused – Ms Cotton.

Solicitors:
Plaintiff – Office of the Director of Public Prosecutions (NSW)
Accused – Walsh & Blair Solicitors

File Number(s):

2022/00162082

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: Filo Aiga stands for sentence as a consequence of pleading guilty to two charges. The first is a charge that on 4 June 2022, at Kogarah in this State, he did assault Aghil Sobi. That is an offence contrary to s 61 of the Crimes Act 1900 and carries a maximum penalty of two years imprisonment. The offence is commonly known as common assault. The more serious crime to which he pleaded guilty was that on 4 June 2022, at Kogarah in this State, he did cause grievous bodily harm to Kyree Bathurst and was reckless as to causing actual bodily harm to Kyree Bathurst. That is an offence contrary to s 35(2) of the Crimes Act 1900. The maximum penalty prescribed by Parliament for that offence is imprisonment for ten years. Parliament has fixed a standard non-parole period of four years for a case in which the offence was in the mid-range of objective seriousness and where there was a finding of guilt returned after a trial. It is not strictly applicable to a person who pleads guilty.

2. The facts are troubling. At the time of the offence, the offender was 28 years old. By the middle of 2022, he was in an intimate relationship with a lady known as Samantha Buckland. Ms Buckland was employed at the Kogarah Tavern at Kogarah as a manager. The victims, Kyree Bathurst and Aghil Sobi, also worked from time to time at the tavern. On 3 June 2022, Ms Buckland worked at the tavern from 8am until 5pm. After she completed her shift, she stayed at the tavern with the offender who had attended there, and they consumed a number of alcoholic beverages together. Ms Bathurst commenced working at the tavern as a barmaid at 7pm. Her shift was to end at 3am in the morning of 4 June 2022.

3. About 7.30pm or 8pm, Ms Buckland and the offender left the tavern…