R v Assi-Leplaw

[2022] NSWDC 108

District Court

New South Wales

Medium Neutral Citation:

R v Assi-Leplaw [2022] NSWDC 108

Hearing dates:

11 April 2022

Date of orders:

11 April 2022

Decision date:

11 April 2022

Jurisdiction:

Criminal

Before:

Abadee DCJ

Decision:

See paragraph 59 - 60

Catchwords:

CRIME – sentencing – reckless wounding in company – mental and substance use disorders

Legislation Cited:

Crimes Act 1900 (NSW) s 35

Crimes Sentencing Procedure Act 1999 (NSW) ss 3A, 21A, 55

Drug Misuse and Trafficking Act 1985 (NSW) s 10

Cases Cited:

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1

McCulloughvR (2009) 194 A Crim R 439

RvTran [2005] NSWCCA 35

R v Watt (unrep, 2/4/97, NSWCCA)

Texts Cited:

Nil

Category:

Sentence

Parties:

Office of the Director of Public Prosecutions
Mr J Assi-Leplaw (offender)

Representation:

Solicitors:
Ms C Daly for the ODPP
Mr H Salter for the offender

File Number(s):

2020/00366484

Publication restriction:

Nil

SENTENCING REMARKS

1. The offender is before the Court for sentencing on a charge that on 25 December 2020 in Kirrawee he wounded Corey Watson in company and was reckless as to causing him actual bodily harm, contrary to s 35(3) of the Crimes Act 1900 (NSW) (the principal offence).

2. The offender also acknowledges guilt and asks the Court to take into account on the principal offence an offence on a Form 1, being that on 26 December 2020 in Kirrawee, he had in his possession a prohibited drug, namely 0.53grams of Psilocybin (hallucinogenic mushrooms), contrary to s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW).

3. The maximum penalty for the principal offence is 10 years imprisonment and/or $11,000 fine. The principal offence carries a statutory non-parole period of 4 years’ imprisonment. The maximum penalty for the offence on the form 1 is 2 years’ imprisonment and/or $2,200 fine.

4. It is common ground that by reason of the guilty plea, the offender is entitled to a 25% discount on sentence for the principal offence to reflect the utilitarian value of the plea.

Circumstances of offending

5. The Crown and the offender reached agreement on the basic facts. The Statement of Agreed Facts was part of the Crown sentencing bundle. Multiple photographs depicting the offending conduct were observable.

6. At about 11:30pm, the offender, with two friends (Ms Irvine) and another (unknown) male entered the ground floor of an apartment complex in Kirrawee. It was suggested in that Ms Irvine was the owner, or at least had possession of a unit within the apartment. At about 11:43pm, Ms Irvine and the offender got into a verbal argument in the foyer and were still arguing as they exited the front door of the apartment complex.

7. At about 11:48pm, the victim started fighting the unknown male and the latter came to be on the ground with the victim standing over him. They were located on the inside of the same apartment complex. A very short time later, the offender and Ms Irvine opened the door to get back into the foyer…