R v Dale Anton Reynders

District Court

New South Wales

Medium Neutral Citation:	R v Dale Anton Reynders [2016] NSWDC 107
Hearing dates:	24 May 2016
Decision date:	10 June 2016
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. For orders see [83] – [85]
Catchwords:	Assault occasioning actual bodily harm; assault police officer; multiple offences and aggregate sentencing
Legislation Cited:	Crimes Act 1900 Criminal Procedure Act 1986
Cases Cited:	Cahyadi v R [2007] NSWCCA 1 JM v R [2014] NSWCCA 297 Lukatela v Birch [2008] ACTSC 99 McIntosh v R [2015] NSWCCA 184 R v Caldwell [2016] NSWCCA 55 R v Rae [2013] NSWCCA 9 R v Van Ryn [2016] NSWCCA 1 Veen v R (No. 2) (1998) 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Dale Anton Reynders (Offender)
Representation:	Solicitor: G Gaynor (Crown)   Counsel: G Denman (Offender)
File Number(s):	14/259939
Publication restriction:	Nil

REMARKS ON SENTENCE

1. The offender, who was born on 29 June 1980, was committed for trial on 4 June 2015 from the Cooma Local Court. Guilty pleas were entered to the following offences at the Queanbeyan District Court on 7 March 2016:

1. Assault occasioning actual bodily harm pursuant to s 59(1) of the Crimes Act 1900. The maximum penalty is 5 years imprisonment.

2. Assault police officer pursuant to s 58 of the Crimes Act 1900. The maximum penalty is 5 years imprisonment.

3. Cause grievous bodily harm to police officer and reckless as to causing actual bodily harm pursuant to s 60(3) of the Crimes Act 1900. The maximum penalty is 12 years and there is a standard non-parole period of 5 years.

4. Assault police officer and cause actual bodily harm pursuant to s 60(2) of the Crimes Act 1900. The maximum penalty is 7 years and there is a standard non-parole period of 3 years.

2. In addition, the offender has asked the court to take into account three charges on a Form 1. They are as follows:

1. Sequence 1 – Excluded person fail to leave premises.

2. Sequence 6 – Common assault.

3. Sequence 5 – Assault officer whilst in execution of duty.

3. The offences occurred on 4 September 2014 in the circumstances described below. The offender was arrested the same day and has spent one day in custody.

The sentence hearing

4. The sentence hearing took place at Queanbeyan District Court on 24 May 2016. The Crown bundle (Ex A), included a statement of Agreed Facts which may be summarised as follows. On the evening of Wednesday 4 September 2014, the offender was consuming alcohol at the Banjo Patterson Inn at Jindabyne. At 2.00am, the premises ceased trading and patrons were requested to leave. The offender was in the upper dance floor area and when requested to leave by security staff, he refused. He in fact refused on three occasions to leave. That conduct comprises the first offence on the Form 1.

5. After being asked to leave, the offender raised his right hand and pushed one of the security officers, Mr…