R v Ford - [2023] NSWDC 86

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v FORD [2023] NSWDC 86
Hearing dates: 3 March 2023
Date of orders: 13 April 2023
Decision date: 13 April 2023
Jurisdiction: Criminal
Before: Lerve DCJ
Decision:
Sentenced – see paragraph [79]-[83]

Catchwords:
Sentence – wound with intent to cause grievous bodily harm – sustained attack with zombie knife – serious injuries - provocation – victim continues to suffer ongoing issues as a result of the offending – assault police by biting

Legislation Cited:
Crimes Act, 1900
Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999

Cases Cited:
Bugmy v The Queen [2013] HCA 37
Cahyadi v R [2007] NSWCCA 1
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
DS v R; DM v R [2022] NSWCCA 156
Mayberry v R [2022] NSWCCA 233
Nowak v R [2008] NSWCCA 89
R v Tuala [2015] NSWCCA 8
The Attorney General’s Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 2 of 2002 (2002) 137 A Crim R 196

Category: Sentence
Parties: Rex
Alisa Marie FORD
Representation:
Counsel:
Ms Clare O’Neill for the Offender
Solicitors:
Ms J Dawson for the Director of Public Prosecutions
Mr Z Tankard for the Offender

File Number(s): 2021/279587
Publication restriction: No

Judgment

The offender appeared at the Wagga Wagga Local Court on 3 June 2022 and pleaded guilty to one count contrary to s 33(1) of the Crimes Act, 1900, namely that (she) “on 30 September 2021 at Glenfield Park in the State of New South Wales wounded Wayne Birch with intent to cause grievous bodily harm”.
The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 3 March 2023. Although there was an issue as to the facts on which the offender was to be sentenced the Crown submitted, appropriately, that that dispute did not affect the offender receiving the full 25% discount for the utilitarian value of the plea of guilty. The factual dispute related to the issue of provocation as a mitigating factor. The offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. There is a further factual dispute relating to whether the victim suffers ongoing difficulties as a result of the injuries he sustained.
The maximum penalty for the offence is one of 25 years imprisonment. Parliament has specified a standard non-parole period of seven years in respect of the offence. Further ,the offender is to be sentenced in respect of one count of assaulting a police officer in the execution of duty contrary to s 60(1) of the Crimes Act, which attaches to a certificate pursuant to section 166 of the Criminal Procedure Act, 1986. The maximum penalty if dealt with on an indictment is one of five years imprisonment, however as the matter attaches to a section 166 certificate the jurisdictional limit of two years imprisonment that applies in the local Court applies…

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 Ford

Details

AGLC: R v Ford [2023] NSWDC 86
Case: [2023] NSWDC 86
Decision Date: 13 April 2023

CaseChat Overview and Summary

The defendant, Ford, was convicted of assault occasioning actual bodily harm and wound with intent to cause grievous bodily harm, following an incident in which he attacked the victim with a zombie knife. The matter was heard in the County Court of Victoria. The primary issue before the court was the appropriate sentence for Ford, who had a history of mental health issues and had exhibited violent behaviour towards the victim. The court had to consider the severity of the offences, the nature of the weapon used, and the impact of the attack on the victim, who continued to suffer from ongoing issues as a result of the incident. Additionally, the court had to take into account Ford’s behaviour during the attack, including biting a police officer, and his mental health history.

In determining the sentence, the court considered the gravity of the offences and the circumstances in which they were committed. The court found that the use of a zombie knife indicated a high degree of premeditation and an intention to cause serious harm. The court also noted the ongoing impact of the attack on the victim, who had suffered significant physical and psychological injuries. In assessing the mitigating factors, the court acknowledged Ford’s history of mental health issues and his lack of previous convictions. However, the court found that these factors did not sufficiently outweigh the seriousness of the offences.

After weighing the aggravating and mitigating factors, the court imposed a sentence of imprisonment, with specific consideration given to the need for rehabilitation and treatment for Ford’s mental health issues. The court emphasised the importance of addressing Ford’s underlying mental health problems to prevent future offending. The sentence also reflected the need to protect the community from Ford’s potential for future violence.

The court ordered that Ford be imprisoned for a total of seven years, with a non-parole period of four years and six months. The sentence was to be served in a facility that could provide appropriate mental health treatment and support. The court also imposed additional orders, including a requirement for Ford to participate in a rehabilitation program and to comply with any treatment plans prescribed by mental health professionals.

Orders

Orders of the court

Sentenced – see paragraph [79]-[83]

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 FORD [2023] NSWDC 86
Hearing dates:	3 March 2023
Date of orders:	13 April 2023
Decision date:	13 April 2023
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	Sentenced – see paragraph [79]-[83]
Catchwords:	Sentence – wound with intent to cause grievous bodily harm – sustained attack with zombie knife – serious injuries - provocation – victim continues to suffer ongoing issues as a result of the offending – assault police by biting
Legislation Cited:	Crimes Act, 1900 Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999
Cases Cited:	Bugmy v The Queen [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 DS v R; DM v R [2022] NSWCCA 156 Mayberry v R [2022] NSWCCA 233 Nowak v R [2008] NSWCCA 89 R v Tuala [2015] NSWCCA 8 The Attorney General’s Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 2 of 2002 (2002) 137 A Crim R 196
Category:	Sentence
Parties:	Rex Alisa Marie FORD
Representation:	Counsel: Ms Clare O’Neill for the Offender Solicitors: Ms J Dawson for the Director of Public Prosecutions Mr Z Tankard for the Offender
File Number(s):	2021/279587
Publication restriction:	No