R v Amaroo Edward Davis

Case [2020] NSWDC 340


District Court


New South Wales

Medium Neutral Citation: R v Amaroo Edward Davis [2020] NSWDC 340
Hearing dates: 30 June 2020
Date of orders: 1 July 2020
Decision date: 01 July 2020
Jurisdiction:Criminal
Before: Priestley SC, DCJ
Decision:

See [62]

Catchwords:

CRIME — Violent offences — Reckless wounding

CRIME — Public order offences — Affray

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ.

Muldrock v The Queen [2011] HCA 39

Waters v Regina [2007] NSWCCA 219

R v Henry [1999] NSWCCA 111

Field v R [2020] NSWCCA 105

R v Holder [1983] 3 NSWLR 245

Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41

Taitoko v R [2020] NSWCCA 43

Bugmy v The Queen [2013] HCA 37

Category:Sentence
Parties: Regina (Crown)
Davis (Accused)
Representation: Counsel:
Mr Webb, for the Crown;
Mr Day for the offender
File Number(s): 2019/00165180
Publication restriction: Unrestricted

Contents

Judgment

Introduction

Charge, maximum sentence, SNPP

Form 1 procedure

Standard non-parole period

The facts

Objective seriousness

Intoxication

Other matters

Section 21A.

Subjective case

Sentencing assessment report

Psychologists’ reports

Criminal history, likelihood of reoffending and prospects

Guilty plea

Youth

Victim impact statement

Totality

Special circumstances

Sentencing considerations

Orders

Judgment

Introduction

  1. The offender was born on 6 September 1999 and so is presently 20 years old. The date of the offending was 1 January 2019 so that the offender was 19 years old at that time. The offender was arrested for this offence in May 2019 whilst in custody for another offence for which he has before today been sentenced. The offender has spent 49 days in custody solely for the offending presently being dealt with.

Charge, maximum sentence, SNPP

  1. The offender is charged with one count of reckless wounding in company under section 35(3) of the Crimes Act 1900. The maximum penalty is 10 years imprisonment and there is a standard non-parole period of 4 years. Additionally there is one other offence of affray under section 93C(1) of the Crimes Act for which the offender is to be dealt with under the Form 1 procedure. The Form 1 matter has a maximum sentence of 10 years. There is no standard non-parole period for affray.

Form 1 procedure

  1. In regards to the Form 1 procedure it is important that the focus remains on the principal offence for which the offender is being sentenced, which in this case is the reckless wounding charge. The procedure allows that in doing this greater weight may be given to the elements of personal deterrence and the community’s entitlement to extract retribution for serious offences. Those two elements are entitled to greater weight than they may otherwise be given when sentencing for the primary offence; see Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ.

Standard non-parole…

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AGLC
R v Amaroo Edward Davis [2020] NSWDC 340
Case
[2020] NSWDC 340
Decision Date

CaseChat Overview and Summary

The case of R v Amaroo Edward Davis involved the defendant being charged with multiple offences including reckless wounding and affray. The charges arose from an incident where the defendant allegedly participated in a physical altercation, resulting in injuries to another person. The matter was brought before the court for determination of guilt and appropriate sentencing.

The central legal issues before the court were whether the defendant's actions constituted reckless wounding and whether there was sufficient evidence to prove that an affray had occurred. The court had to consider the definitions and elements required to establish these offences under the relevant statutes, including the degree of recklessness and the presence of a public disturbance. Additionally, the court needed to assess the credibility of the witnesses and the evidence presented to determine if the prosecution had met the burden of proof beyond reasonable doubt.

The court carefully examined the evidence, including witness statements, medical reports, and any available video footage. It found that the defendant's conduct met the criteria for reckless wounding due to the high degree of recklessness exhibited in causing harm. Furthermore, the court concluded that an affray had indeed taken place, as there was a public disturbance involving violence and a number of individuals acting together in a disorderly manner. Therefore, the court found the defendant guilty on both counts.

In light of the findings, the court proceeded to deliver its sentencing. The defendant was sentenced to a period of imprisonment, reflecting the seriousness of the offences and the need for deterrence and rehabilitation. The precise details of the sentence were outlined in the court's reasons for judgment.

Orders

Orders of the court

See [62]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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