R v Daetz

[2021] NSWDC 365

District Court

New South Wales

Medium Neutral Citation:

R v Daetz [2021] NSWDC 365

Hearing dates:

05 February 2021

Date of orders:

05 February 2021

Decision date:

05 February 2021

Jurisdiction:

Criminal

Before:

Bennett SC DCJ

Decision:

Term of imprisonment of 3 years 9 months with a non-parole period of 2 years.

Catchwords:

CRIME — Violent offences — Wound with intent to cause grievous bodily harm

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Attorney General’s Application Under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 [2002] NSWCCA 518

Callaghan v R [2006] NSWCCA 58

Imbornone vThe Queen [2017] NSWCCA 144

Markarian v The Queen. (2005) 228 CLR 357

Muldrock v The Queen [2011] HCA 39

Qutami v R [2001] NSWCCA 353

R v De La Rosa [2010] NSWCCA 194

Tepania v The Queen [2018] NSWCCA 247

Category:

Sentence

Parties:

Regina (Crown)
Jayantha Harold Daetz (Offender)

Representation:

Charlotte Wheatley (Crown)

Eugene Wasilinea (Counsel for the Offender)

Director of Public Prosecutions (NSW) (Crown)
Cohort Lawyers

File Number(s):

2019/00146608 & 2018/00373608

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION

1. Jayantha Daetz pleaded guilty upon arraignment when presented upon an indictment containing three counts.

2. Count 1, contrary to s 61 Crimes Act 1900, alleges that he on 28 April 2019 at Kingsgrove in the State of New South Wales did assault Christopher Havern.

3. Count 2, contrary to s 33(1)(a) Crimes Act 1900 alleged an offence of wounding with intent to cause grievous bodily harm. In the alternative to that charge the Crown presented count 3, alleging that he on 10 May 2019 at Kingsgrove in the State of New South Wales recklessly wounded Christopher Havern contrary to s 35(4) Crimes Act 1900.

4. A plea of guilty was accepted to count 3 in satisfaction of the indictment, however count 1 has been included in a Form 1 signed by the offender and on behalf of the Crown. He confirms he is guilty of that offence and confirms his wish that it be taken into account.

PENALTY

5. The maximum penalty for the offence of reckless wounding is imprisonment for seven years. There is a standard non-parole period for the purposes of Part 4 Div 1A Crimes (Sentencing Procedure) Act 1999. The period specified is three years.

PLEA OF GUILTY

6. The offender pleaded guilty but not at the first opportunity that he had to do so and thus the discount that he is entitled to have for the utility of that plea is confined to 5% to be applied to the sentence that would have been otherwise imposed upon a synthesis of objective and subjective material that is before me.

7. The Crown correctly points to s 21A(3)(k) Crimes (SentencingProcedure) Act 1999 and that this matter is an EAGP matter to which s 25D(2) of the Act applies.

8. The plea was entered five days before the date of trial and there was no compliance with pre-trial notice requirements which required notice of the plea to be given by 23 September 2020;…