R v Geebung

[2020] NSWDC 546

District Court

New South Wales

Medium Neutral Citation:

R v Geebung [2020] NSWDC 546

Hearing dates:

19/11/19-29/11/19, 29/5/20, 19/6/20

Date of orders:

19/6/20

Decision date:

19 June 2020

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

Convicted and sentenced to imprisonment for 2 years 3 months with a NPP of 14 months.

I find special circumstances.

The warrant is to be endorsed as follows:

“The offender is to be psychologically assessed. I note that the offender has indications of suicidal ideation.”

A copy of psychological of Ms Edwidge dated 12/3/20 is to be provided to Corrective Services.

Catchwords:

Crime – Sentence – Wound with intent to cause grievous bodily harm – Assault occasioning actual bodily harm

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen [2013] 249 CLR 571

DPP v De La Rosa [2010] NSWCCA 194

McCullough v The Queen [2009] NSWCCA 94

R v De Simoni (1981) 147 CLR 383

Tweeddale v The Queen [2012] NSWCCA 99

Category:

Sentence

Parties:

NSW DPP – Crown
Shania Geebung - Offender

Representation:

Ms M Heywood for Crown
Mr J Styles for Offender

File Number(s):

2017/389995

Sentence

1. The offender, Ms Shania Geebung, stood trial before a jury on an indictment containing two counts, the first count being that on 26 December 2017 she wounded Helen Nicholls with intent to cause grievous bodily harm and the second count being that she assaulted Elizabeth Nicholls, occasioning actual bodily harm. On 29 November 2019, a jury found the offender not guilty of each of those offences, but guilty of a statutory alternative to count 1, being an offence of reckless wounding. That offence carries a maximum penalty of seven years’ imprisonment and a standard non parole period of three years applies. Each of those are matters to which I must have regard as they are important guides in the sentencing exercise.

2. Although the facts are ultimately for me to determine and must be consistent with the jury’s verdict, I note that the parties reached agreement as to many of the facts and these were set out in a document which was tendered on sentence. I have in these reasons applied those facts to the extent that there is an agreement and to the extent that I consider them relevant in explaining my reasons for sentence. As to matters about which there is no agreement, I have made my own determinations. Any aggravating matters must, of course, be proved beyond reasonable doubt, while matters in mitigation need to be proved on the balance of probabilities.

3. The relevant facts I find are these. On Christmas night, 25 December 2017, there was a party at the home of Mary Bolt in Halinda Street, Whalan. At about 9pm that night, 22-year-old Elizabeth Nicholls, her 19 year old sister, Maryjane Nicholls, and their mother, 39-year-old Helen Nicholls, arrived at the party. They had consumed some alcoholic drinks before then. Elizabeth did not drink after arriving at the party and was not feeling drunk. At about midnight, Elizabeth…