R v Foster

Case [2020] NSWDC 648


District Court


New South Wales

Medium Neutral Citation: R v FOSTER [2020] NSWDC 648
Hearing dates: 22 October 2020
Date of orders: 29 October 2020
Decision date: 29 October 2020
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced to imprisonment for 2 years 9 months from 29 October 2020, with non parole period of 1 year 6 months

Catchwords:

CRIME – grievous bodily harm in company –

SENTENCING – relevant factors on sentencing – plea of guilty - general deterrence – special circumstances

Legislation Cited:

Crimes Act 1900

Children (Criminal Proceedings) Act, 1987

Crimes (Sentencing Procedure) Act, 1999

Cases Cited:

Brown v The Queen [2014] NSWCCA 215

Davis v R [2018] NSWCCA 67

Dungay v R [2020] NSWCCA 209

Fangaloka v The Queen [2020] HCASL 12

Fenech v R [2018] NSWCCA 160

Hili & Jones v The Queen [2010] HCA 45

Hoskins v R [2016] NSWCCA 157

Karout v R [2019] NSWCCA 253

Karout v The Queen [2020] HCASL 56

Locke v R (2010) 207 A Crim R 34

McCullough v R [2009] NSWCCA 94

R v Anderson [2012] NSWCCA 175

R v Christopher Michael Hunt [2018] NSWDC 256

R v Dodd (1991) 57 A Crim R 349

R v Fangaloka [2019] NSWCCA 173

R v Loveridge (2014) 243 A Crim R 31

R v McNaughton (2006) 66 NSWLR 566

R v Mitchell & Gallagher (2007) 177 A Crim R 94

R v Murphy [2019] NSWDC 635

R v Musumeci (Court of Criminal Appeal (NSW), 30 October 1997, unrep)

R v Osenkowski (1982) 5 A Crim R 394

R v Steven Turner [2019] NSWDC 8

SS v R [2016] NSWCCA 197

Stevens v R [2017] NSWCCA 216

Tepania v R [2018] NSWCCA 247

Valentine v R [2020] NSWCCA 116

Veen v The Queen (No. 2) (1988) 164 CLR 465

Category:Sentence
Parties: Director of Public Prosecutions (for the Crown)
Lachlan Foster (Offender)
Representation: Counsel:
Mr P Boulten SC (for the Offender)
Solicitors:
Mr S Amvrazis (for the Crown)
File Number(s): 2019/206512
Publication restriction: None

REMARKS ON SENTENCE

  1. This is a matter that was heard remotely by me from Wagga Wagga where both parties were in Sydney.

  2. The offender pleaded guilty before a Magistrate on 4 June 2020 to one count, namely:

“That (he) on or about 30 June 2019 at Manly in the State of New South Wales, while in company of William McManus and Michael Nichols caused grievous bodily harm to Ryan Davies being reckless as to causing actual bodily harm to him”.

  1. The plea of guilty was maintained at the sentence hearing before me on 22 October 2020 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.

  2. The maximum penalty for the offence is 14 years imprisonment. Parliament has specified a standard non-parole period of 5 years in respect of that offence. I acknowledge that I am engaged in a one-step instinctive process in which two of the principal guideposts are the maximum penalty and the…

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Details
AGLC
R v Foster [2020] NSWDC 648
Case
[2020] NSWDC 648
Decision Date

CaseChat Overview and Summary

In the matter of the Regina versus Foster, the appellant faced charges for an incident of grievous bodily harm committed in the company of another individual. The case was adjudicated in the Supreme Court of Queensland. The appellant, along with a co-defendant, was involved in an altercation that resulted in significant injuries to the victim. The appellant entered a plea of guilty to the charge, which was accepted by the court.

The primary legal issues before the court were the appropriate sentencing principles to apply in light of the plea of guilty and the need to consider both general deterrence and any special circumstances of the case. The court was required to weigh the appellant's early guilty plea against the gravity of the offence, and also consider any mitigating factors or aggravating circumstances that might influence the sentence. The court had to determine an appropriate sentence that reflected the seriousness of the crime while also taking into account the plea of guilty.

The court, in its judgment, recognised the appellant's early guilty plea as a mitigating factor, acknowledging that it demonstrated an acceptance of responsibility and a desire to avoid a trial. However, the court also considered the severity of the injuries inflicted on the victim and the impact on the victim's life. The court found that a custodial sentence was necessary to ensure general deterrence and to uphold the community's standards of conduct. After balancing all relevant factors, the court sentenced the appellant to imprisonment for a term of two years and nine months, with a non-parole period of one year and six months.

Orders

Orders of the court

Sentenced to imprisonment for 2 years 9 months from 29 October 2020, with non parole period of 1 year 6 months

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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