R v Anderson

[2021] NSWDC 844

District Court

New South Wales

Medium Neutral Citation:

R v Anderson [2021] NSWDC 844

Hearing dates:

26 November 2021

Decision date:

02 December 2021

Jurisdiction:

Criminal

Before:

King SC DCJ

Decision:

The offender is convicted.

Special circumstances are found – first real period of custody as an adult and need for an extended period of supervision on parole to rehabilitate and to reintegrate into the community.

The offender is sentenced to a term of imprisonment for 2 years and 6 months comprising a NPP of 1 year and 3 months to commence on 30 November 2021 and to expire on 28/2/23, on which date he will become eligible for parole, with a balance of term of 1 year and 3 days to expire on 29 May 2024.

The offender is to surrender himself to Casino Police Station by 10 a.m.3 December 2021.

Catchwords:

CRIMINAL – sentence after trial – recklessly wound – convicted of alternative count by jury – seriousness of offence - Crown’s position that offender acted out of revenge where self-defence was raised at trial and sentence hearing – subjective matters

Legislation Cited:

Crimes Act 1900

Cases Cited:

Bugmy v The Queen [2013] HCA 37

R v Fernando (1992) 76 A Crim R 58

R v Lester [2020] NSWDC 642

Category:

Sentence

Parties:

Regina
Anderson, Fanon

Representation:

Solicitors:
CR: Mr N Scully ODPP
DEF: Mr E Renard Legal Aid NSW

File Number(s):

2020/00082025

JUDGMENT

1. HIS HONOUR: Faron Anderson appears for sentence today, having been found guilty by a jury on 17 September 2021 in respect of a count of that on 14 March 2020 at Port Macquarie in the State of New South Wales, he did recklessly wound Barry Jones, contrary to s 35(4) of the Crimes Act 1900.

2. The maximum penalty available under the legislation is seven years’ imprisonment and there is a relevant standard non-parole period of three years’ imprisonment.

3. Mr Anderson stood trial in relation to two charges, the first charge being for an offence of wound with intent to cause grievous bodily harm, contrary to s 33(1)(a) of the Crimes Act. The charge in respect of which he was found guilty was an alternative to that count, he having been found not guilty of the primary count.

4. I note that he had offered to plead guilty to the alternative count in the Local Court prior to committal, that offer was declined by the prosecution and that he is accordingly entitled to a 25% discount for the utility of the offered plea. However, I note that at the time of trial he entered a plea of not guilty to the alternative count as well as the primary count. In my view, that means that the standard non-parole period is still relevant to take into account as a guideline in respect of the offence.

5. The circumstances of the offending are as follows.

6. Both the offender and the complainant, Barry Jones, were affected by alcohol to varying degrees. I would accept on the evidence that…