R v DG - [2024] NSWDC 194

District Court

New South Wales

Medium Neutral Citation: R v DG [2024] NSWDC 194
Hearing dates: 29 April 2024
9 May 2024
Date of orders: 9 May 2024
Decision date: 09 May 2024
Jurisdiction: Criminal
Before: Anderson SC DCJ
Decision:
(1) In relation to the offence of causing grievous bodily harm to a person, you are formally convicted of that offence.
(2) You are sentenced to a term of imprisonment with a non-parole period of four years and two months, commencing on 7 November 2022, and expiring on 6 January 2027, with a balance of term of two years and four months, expiring 6 May 2029.
(3) You will be eligible for consideration for release on parole on 6 January 2027.
(4) I make an order pursuant to section 7 of the Court Suppression and Non-Publications Orders Act 2010 (NSW), that the names of the offender and the victim, or any features which may identify them, are suppressed.
(5) I make an order that DG be advised of the existence and the effect of s25C of the Crimes (High Risk Offenders) Act 2006 by her legal representatives.

Catchwords:
CRIMINAL – sentence – causing grievous bodily harm with intent; child victim; childhood depravation and reduction in moral culpability of offender; reduction of objective seriousness

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes (High Risk Offenders) Act 2006 (NSW)
Court Suppression and Non-Publications Orders Act 2010 (NSW)

Cases Cited:
R v Lolesio [2014] NSWCCA 219
Bugmy v The Queen [2013] HCA 37
DS v R; DM v R [2022] NSWCCA 156
Lupton v R [2024] NSWCCA 26
R v MJ [2023] NSWCCA 306
Camilleri v R [2023] NSWCCA 106
R v Eaton [2023] NSWCCA 125

Category: Sentence
Parties: Office of the Director of Public Prosecutions (Crown)
DG (Offender)
Representation:
Counsel:
Ms E Blizard (Crown)
Ms R Khalilizadeh (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal aid NSW (Offender)

File Number(s): 2022/234569
Publication restriction: Pursuant to section 7 of the Court Suppression and Non-Publications Orders Act 2010 (NSW), the names of the offender and the victim, or any features which may identify them, are suppressed.

JUDGMENT

The offender, DG, pleaded guilty on 23 November 2023 to a charge that between 23 March 2021 and 25 March 2021 at Turramurra, in the State of New South Wales, caused grievous bodily harm to the victim within the intent to cause grievous bodily harm. The victim in this case was her 10 week old biological child.
The charge was brought pursuant to s 33(1)(b) of the Crimes Act1900 (NSW). The maximum penalty for this offence is 25 years imprisonment with a standard non-parole period of seven years.
The maximum penalty and the standard non-parole period operate as legislative guideposts to represent the legislatures assessment of the seriousness of this type of offence.

Plea of guilty

DG pleaded guilty on 23 November 2023, that occurred while the matter was in the Local Court, and for that reason she…

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 DG

Details

AGLC: R v DG [2024] NSWDC 194
Case: [2024] NSWDC 194
Decision Date: 09 May 2024

CaseChat Overview and Summary

The defendant, DG, was convicted for causing grievous bodily harm to a child victim. The case was heard in a NSW court where the defendant appealed the sentence. DG was convicted of the offence and the appeal was focused on the sentencing, specifically the length and severity of the punishment. The court had to consider several mitigating factors, including the defendant's background of childhood depravation which was argued to have reduced her moral culpability, as well as the objective seriousness of the crime. The court also considered the impact of the offence on the child victim.

DG's legal representatives argued that the impact of her childhood depravation should reduce the moral culpability and thus the severity of the sentence. They also sought to reduce the objective seriousness of the offence, arguing that the harm caused, while severe, did not warrant such a lengthy term of imprisonment. The prosecution countered that the gravity of the offence, particularly given the vulnerability of the child victim, necessitated a substantial sentence to adequately reflect the seriousness of the crime and to provide deterrence.

After careful consideration of the arguments presented, the court determined that while the mitigating factors did warrant some consideration, they did not sufficiently reduce the moral culpability of the defendant to justify a significantly shorter sentence. The court emphasised the need for a sentence that reflected the gravity of the offence and the vulnerability of the victim. The court ultimately decided that a term of imprisonment with a non-parole period of four years and two months was appropriate, considering the factors presented.

The court further made orders to protect the identity of both the offender and the victim, recognising the sensitive nature of the case. Additionally, DG was to be informed of the provisions of s25C of the Crimes (High Risk Offenders) Act 2006 by her legal representatives, ensuring she is aware of any relevant legal requirements post-sentence.

Orders

Orders of the court

(1) In relation to the offence of causing grievous bodily harm to a person, you are formally convicted of that offence.

(2) You are sentenced to a term of imprisonment with a non-parole period of four years and two months, commencing on 7 November 2022, and expiring on 6 January 2027, with a balance of term of two years and four months, expiring 6 May 2029.

(3) You will be eligible for consideration for release on parole on 6 January 2027.

(4) I make an order pursuant to section 7 of the Court Suppression and Non-Publications Orders Act 2010 (NSW), that the names of the offender and the victim, or any features which may identify them, are suppressed.

(5) I make an order that DG be advised of the existence and the effect of s25C of the Crimes (High Risk Offenders) Act 2006 by her legal representatives.

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 DG [2024] NSWDC 194
Hearing dates:	29 April 2024 9 May 2024
Date of orders:	9 May 2024
Decision date:	09 May 2024
Jurisdiction:	Criminal
Before:	Anderson SC DCJ
Decision:	(1) In relation to the offence of causing grievous bodily harm to a person, you are formally convicted of that offence. (2) You are sentenced to a term of imprisonment with a non-parole period of four years and two months, commencing on 7 November 2022, and expiring on 6 January 2027, with a balance of term of two years and four months, expiring 6 May 2029. (3) You will be eligible for consideration for release on parole on 6 January 2027. (4) I make an order pursuant to section 7 of the Court Suppression and Non-Publications Orders Act 2010 (NSW), that the names of the offender and the victim, or any features which may identify them, are suppressed. (5) I make an order that DG be advised of the existence and the effect of s25C of the Crimes (High Risk Offenders) Act 2006 by her legal representatives.
Catchwords:	CRIMINAL – sentence – causing grievous bodily harm with intent; child victim; childhood depravation and reduction in moral culpability of offender; reduction of objective seriousness
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Court Suppression and Non-Publications Orders Act 2010 (NSW)
Cases Cited:	R v Lolesio [2014] NSWCCA 219 Bugmy v The Queen [2013] HCA 37 DS v R; DM v R [2022] NSWCCA 156 Lupton v R [2024] NSWCCA 26 R v MJ [2023] NSWCCA 306 Camilleri v R [2023] NSWCCA 106 R v Eaton [2023] NSWCCA 125
Category:	Sentence
Parties:	Office of the Director of Public Prosecutions (Crown) DG (Offender)
Representation:	Counsel: Ms E Blizard (Crown) Ms R Khalilizadeh (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal aid NSW (Offender)
File Number(s):	2022/234569
Publication restriction:	Pursuant to section 7 of the Court Suppression and Non-Publications Orders Act 2010 (NSW), the names of the offender and the victim, or any features which may identify them, are suppressed.