R v Gary Patrick Guisa

[2009] NSWLC 10

Local Court of New South Wales

CITATION:	R v Gary Patrick GUISA [2009] NSWLC 10
JURISDICTION:	Criminal
PARTIES:	Director of Public Prosecutions Gary Patrick GUISA
FILE NUMBER:
PLACE OF HEARING:	Albury Local Court
DATE OF DECISION:	04/30/2009
MAGISTRATE:	Magistrate Lerve
CATCHWORDS:	CRIMINAL LAW – Reckless wounding – plea of guilty following negotiations – “glassing” – use of weapon (glass) aggravating feature – deterrent sentence required
LEGISLATION CITED:	ss 33, 35(4) Crimes Act 1900ss 3A, 5, 9 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	De Simoni v The Queen (1981) 147 CLR 383 R v Boney [2008] NSWCCA 313 R v Borkowski [2008] NSWCCA 102 R v Corbett [2008] NSWCCA 42 R v Doan (2000) 50 NSWLR 115 R v Dodd (1991) 57 A Crim R 349 R v Kite [2008] NSWDC 7 R v McCullough [2009] NSWCCA 94 R v McKenna [2007] NSWCCA 113 R v Nowak [2008] NSWCCA 89 R v Sayin [2008] NSWCCA 307 R v Sullivan & Skillin [2008] NSWCCA 290 R v Wright [2009] NSWCCA 3
TEXTS CITED:
REPRESENTATION:	Director of Public Prosecutions (Prosecution) Mr P C Reddy (Offender)
ORDERS:	1. The offender is convicted. 2. Consequent upon that conviction the offender is sentenced to a non-parole period of 11 months to commence on 19 July 2008 and expire on 18 June 2009. Thereafter I specify a balance of term of 8 months to commence on 19 June 2009 and expire on 18 February 2010.

REMARKS ON SENTENCE

1. The offender pleaded guilty to the charge of Reckless Wounding contrary to s 35(4) of the Crimes Act 1900 on 23 March 2009. Previously the offender had been charged with Maliciously Inflicting Grievous Bodily Harm with Intent to cause Grievous Bodily Harm contrary to s 33 of the Crimes Act. The plea to the charge of Reckless Wounding was following protracted plea negotiations between the representatives of the Director of Public Prosecutions and the solicitor for the offender.

2. Initially, the question arises as to the utilitarian value of the plea. According to the original court papers the matter had been before this court on 10 occasions before the plea of guilty to the charge of Reckless Wounding was entered. When the matter was before me on 20 April 2009 the Crown argued that the utilitarian value of the plea was ‘something less” than 25% and today submitted that the discount should be 15%. Mr. Reddy who appears for the offender initially maintained that the offender is entitled to the full 25% discount for the utilitarian value of the plea, but today submitted that the discount should be 20%.

3. The issue of the utilitarian value of the plea following plea negotiations has been the subject of recent decisions of the Court of Criminal Appeal, namely R v Sullivan & Skillin [2008] NSWCCA 290 at [14]-[16] per Howie J (McClellan CJ at CL, Grove J agreeing); R v Boney [2008] NSWCCA 313 at [18]-[26] per Hulme J (McClellan CJ at CL, Hidden J agreeing), and R v…