R v Ashley Dawn Parsons - [2016] NSWDC 49

District Court

New South Wales

Medium Neutral Citation: R v Ashley Dawn PARSONS [2016] NSWDC 49
Hearing dates: 4 March 2016, 11 April 2016.
Date of orders: 11 April 2016
Decision date: 11 April 2016
Jurisdiction: Criminal
Before: A Haesler SC DCJ
Decision:
Taking into account a finding of special circumstances, you are convicted and sentenced to a term of imprisonment of 3 years, consisting of a non-parole period of 1 year 6 months, to commence on 29 October 2015 and expire on 28 April 2017.
You will be eligible for consideration for release to parole on 28 April 2017 to serve the balance of term of 1 year 6 months, to commence on 29 April 2017 and expire on 28 October 2018.
Catchwords: Sentence, reckless wounding, knife, after trial, first offender, application of Bugmy principles, strong subjective case, victim vindication.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Bugmy v the Queen (2013) 249 CLR 571
Fernando v R (1992) 76 A Crim R 58
Harrison v R, unreported NSWCCA, 24 April 1998
McCullogh v R [2009] NSWCCA 9
Munda v Western Australia [2013] HCA 38
R v Qutami [2001] NSWCCA 353
The Queen v De Simoni (1981) 147 CLR 383
R v Walker [2006] NSWCCA 228
Texts Cited: The Dispossessed, Bronwyn Adcock, Griffith Review Edition 32, Wicked Problems, Exquisite Dilemmas.
Category: Sentence
Parties: Director Public Prosecutions
Ashley Dawn Parsons (Offender)
Representation:
Counsel:
Ms K Ratcliffe (ODPP)
Mr T Warr (Offender)
Solicitors:
Mr B Diggins (ODPP)
Mr A J Fleming (Elizabeth Fleming & Associates)

File Number(s): 2015/9191

Judgment

Introduction

On 11 January 2015 Thomas Callaghan hitched a lift from Narooma to the Wallaga Lake Aboriginal Community. He was heading further south to his home near Cobargo. At Wallaga he was told if he waited at his Aunt Maxine Kelly’s there’d be room for him in Ken Campbell’s bus or Paul Campbell’s ute later that morning.
His cousin Ashley Parsons lived next door to Mrs Kelly, in Umbarra Road, the main street in the Wallaga community. While he waited Mr Callaghan went to Ms Parson’s home and asked her for a stick of marijuana. Mr Callaghan was worse for wear from a drinking session the night before. Ms Parsons did not appreciate the request. The two argued. Mr Callaghan left and waited on the road. Ms Parsons told him to move away. He did move a short distance but the verbal argument continued; loud and colourful language was used.
Ms Parsons is short and slight. She was 28 years old. Mr Callaghan is about 10 years older, and stronger and bigger.
As Ken Campbell pulled up in his bus Ms Parsons walked from her home toward the bus and Mr Callaghan. He had turned toward the bus. Someone called “Ashley”. Mr Callaghan looked back and saw her just behind him, within arm’s reach. He grabbed her. There was a short wrestle. He pushed her to the ground. He then noticed blood on his neck and a…

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 R v Ashley Dawn Parsons

Details

AGLC: R v Ashley Dawn Parsons [2016] NSWDC 49
Case: [2016] NSWDC 49
Decision Date: 11 April 2016

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Ashley Dawn Parsons involved the defendant's conviction for recklessly wounding a person with a knife. The trial was held after the defendant pleaded not guilty. The defendant was a first offender, and the sentencing principles outlined in Bugmy were applied. The court had to consider the severity of the offence and the need for the community to be protected, alongside the principle of victim vindication.

The legal issues before the court included determining the appropriate sentence for the offence of reckless wounding, the application of the Bugmy principles, and the weight to be given to the strong subjective case presented by the victim. The court also had to weigh the circumstances of the defendant being a first offender against the need to uphold the principle of victim vindication. The court's decision hinged on balancing these considerations to arrive at a just sentence.

The court found that the offence was serious, and a strong subjective case had been made by the victim. The Bugmy principles were applied, and the court found special circumstances that warranted a harsher sentence. The defendant's status as a first offender was considered but did not outweigh the need to protect the community and vindicate the victim. The court sentenced the defendant to a term of imprisonment of three years, with a non-parole period of one year and six months. The defendant will be eligible for parole consideration after serving the non-parole period.

The court ordered that the defendant be imprisoned for three years, with the non-parole period being one year and six months. The defendant will be eligible for parole consideration after serving the non-parole period. The sentence is to commence on 29 October 2015 and expire on 28 October 2018.

Orders

Orders of the court

Taking into account a finding of special circumstances, you are convicted and sentenced to a term of imprisonment of 3 years, consisting of a non-parole period of 1 year 6 months, to commence on 29 October 2015 and expire on 28 April 2017.

You will be eligible for consideration for release to parole on 28 April 2017 to serve the balance of term of 1 year 6 months, to commence on 29 April 2017 and expire on 28 October 2018.

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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Medium Neutral Citation:	R v Ashley Dawn PARSONS [2016] NSWDC 49
Hearing dates:	4 March 2016, 11 April 2016.
Date of orders:	11 April 2016
Decision date:	11 April 2016
Jurisdiction:	Criminal
Before:	A Haesler SC DCJ
Decision:	Taking into account a finding of special circumstances, you are convicted and sentenced to a term of imprisonment of 3 years, consisting of a non-parole period of 1 year 6 months, to commence on 29 October 2015 and expire on 28 April 2017. You will be eligible for consideration for release to parole on 28 April 2017 to serve the balance of term of 1 year 6 months, to commence on 29 April 2017 and expire on 28 October 2018.
Catchwords:	Sentence, reckless wounding, knife, after trial, first offender, application of Bugmy principles, strong subjective case, victim vindication.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v the Queen (2013) 249 CLR 571 Fernando v R (1992) 76 A Crim R 58 Harrison v R, unreported NSWCCA, 24 April 1998 McCullogh v R [2009] NSWCCA 9 Munda v Western Australia [2013] HCA 38 R v Qutami [2001] NSWCCA 353 The Queen v De Simoni (1981) 147 CLR 383 R v Walker [2006] NSWCCA 228
Texts Cited:	The Dispossessed, Bronwyn Adcock, Griffith Review Edition 32, Wicked Problems, Exquisite Dilemmas.
Category:	Sentence
Parties:	Director Public Prosecutions Ashley Dawn Parsons (Offender)
Representation:	Counsel: Ms K Ratcliffe (ODPP) Mr T Warr (Offender) Solicitors: Mr B Diggins (ODPP) Mr A J Fleming (Elizabeth Fleming & Associates)
File Number(s):	2015/9191