R v Conway

[2019] NSWDC 891

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Conway [2019] NSWDC 891

Hearing dates:

16 December 2019

Date of orders:

17 December 2019

Decision date:

17 December 2019

Jurisdiction:

Criminal

Before:

Bright DCJ

Decision:

Aggregate term of imprisonment of 4 years with a non-parole period of 2 years 4 months.

Catchwords:

CRIME — Violent offences — Reckless wounding

CRIME — Violent offences — Assault occasioning actual bodily harm

SENTENCING — Relevant factors on sentence — Co-offenders — Parity

SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality

Legislation Cited:

Crimes Act 1900

Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999

Summary Offences Act 1988
Weapons Prohibition Act 1998
 

Cases Cited:

Cahyadi v R [2007] NSWCCA 1

Majzoub v R [2019] NSWCCA 94

Moore v R [2019] NSWCCA 264

Patsan v R [2018] NSWCCA 129
R v Kilic (2016) 259 CLR 256; HCA 48

 

Category:

Sentence

Parties:

Regina
Sam Conway

Representation:

Counsel: Mr M Smith for Defence

  Solicitors: Ms H Cantor for DPP

File Number(s):

2019/1488

Judgment

1. Sam Conway, 27 years of age, appears for sentence in relation to the following offences:

1. Assault occasioning actual bodily harm, (victim April Huisman) an offence pursuant to s 59 (1), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is five years imprisonment. There is no prescribed standard non parole period.

2. Reckless wounding in company (victim Jamie Bridge), an offence pursuant to s 35 (3), Crimes Act. The maximum prescribed penalty for that offence is ten years imprisonment. There is a prescribed standard non parole period of four years.

2. The offender is also being sentenced for two further offences on a s 166 Certificate as follows:

1. Custody of a knife in a public place, an offence pursuant to s 11C(1), Summary Offences Act 1988 (NSW). The maximum prescribed penalty for that offence is two years imprisonment and/or a fine of 20 penalty units.

2. Possess or use a prohibited weapon without permit (Taser), an offence to pursuant to s 7 (1), Weapons Prohibition Act 1998 (NSW). The maximum prescribed penalty for that offence when dealt with on indictment is 14 years imprisonment when dealt with in the Local Court the maximum available penalty is two years imprisonment.

3. The offender pleaded guilty on 8 October 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence in respect of each offence of 25%.

4. It is agreed between the parties that the offender has spent nine months and 20 days in custody in relation to these offences (and other unrelated matters).

5. It is agreed that the sentence imposed today should be backdated to 24 February 2019.

Agreed facts

6. The offender and April Huisman had been in a relationship. They share a son born during the relationship. The relationship ended in about September 2018.

7. Since the breakup April Huisman had begun spending time with Jamie Bridge. They were friends. In early…