R v Hunt

Case [2025] NSWDC 403 14 August 2025

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District Court

New South Wales

Medium Neutral Citation: R v Hunt [2025] NSWDC 403
Hearing dates: 8 August 2025
Date of orders: 14 August 2025
Decision date: 14 August 2025
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Sentence of 3 years and 3 months with a non-parole period of 2 years and 5 months, at [62]

Catchwords:
CRIME – Poison to injure person – Offence committed in custody – Cellmate’s drink spiked with drain cleaner – Alkaline burns to mouth, oesophagus, and stomach – Victim vulnerable due to old age and health issues – Offence potentially undercharged
SENTENCING – Form 1 offence – Possess identification information to commit serious indictable offence – Maximum penalty for Form 1 offence greater than principal offence
SENTENCING – Subjective circumstances – Plea of guilty – Guarded remorse and rehabilitation – Extensive and serious criminal history – Offender has spent most of adult life in custody – Offender institutionalised – Mental health issues – Obsessive Compulsive Disorder and Paedophilia

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes Act 1900 (NSW) ss 33, 35, 39, 41, 47, 192K
Crimes (Sentencing Procedure) Act 1999 (NSW) s 56

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Car v R [2009] NSWCCA 138
Davis v R [2018] NSWCCA 277
Kuruppu v R [2021] NSWCCA 261
R v AB [2006] NSWSC 69
R v De Simoni (1981) 147 CLR 383; [1981] HCA 31
R v Dinh [2010] NSWCCA 74
R v Fyffe [2002] NSWSC 751
R v Kuruppu [2018] NSWDC 322
R v Loveridge [2020] NSWDC 256
R v Qutami [2001] NSWCCA 353
R v Windle [2012] NSWCCA 222
Satorre v R [2006] NSWCCA 298
Tan v R [2010] NSWCCA 207
The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48

Category: Sentence
Parties: Rex (Crown)
Michael / Micheal Shane Hunt (Offender)
Representation:
Counsel:
C Mayer (Crown)
L Connell (Offender)
Solicitors:
Office of the Director of Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Offender)

File Number(s): 2024/00329547
Publication restriction: N/A

JUDGMENT

Michael Hunt (sometimes misspelt as Micheal Hunt in some official records) appears for sentence in respect of one offence of using poison to injure a person or cause distress or pain contrary to s 41 of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 5 years imprisonment. The offender pleaded guilty at the earliest opportunity and will accordingly be entitled to the statutory discount of 25% from an otherwise appropriate sentence.
Attached to this offence on a Form 1 is an offence of possessing identification information with the intention to commit a serious indictable offence contrary to s 192K of the Crimes Act. This offence, if prosecuted separately, carries a maximum penalty of 7 years imprisonment. The Court is asked to take it into account in passing sentence for the poisoning offence.

FACTUAL BACKGROUND

From 6 June 2024 the offender and the victim, Victor…

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 Hunt

Details

AGLC: R v Hunt [2025] NSWDC 403
Case: [2025] NSWDC 403
Decision Date: 14 August 2025

CaseChat Overview and Summary

In the case of R v Hunt, the appellant was charged with committing an offence under the Crimes Act 1900, specifically poisoning a 78-year-old man by spiking his drink with drain cleaner while the victim was in police custody. The victim suffered severe alkaline burns to his mouth, oesophagus, and stomach. The case was heard in the Supreme Court of New South Wales, where the appellant pleaded guilty to the charge of poisoning with intent to injure. The court had to decide whether the charge appropriately captured the severity of the offence and consider the appropriate sentence given the appellant's background and the nature of the crime.

The primary legal issue before the court was whether the charge of poisoning with intent to injure was sufficient for the gravity of the offence, given the victim's age and health issues which made him particularly vulnerable. Additionally, the court had to determine the appropriate sentence considering the appellant's extensive criminal history, his institutionalisation, and the subjective circumstances surrounding the offence. The appellant had a history of mental health issues, including Obsessive Compulsive Disorder and Paedophilia, and had spent most of his adult life in custody.

The court found that while the charge of poisoning with intent to injure was applicable, it may not fully encompass the seriousness of the crime due to the victim's vulnerability. However, the court proceeded with the given charge to ensure procedural fairness. In determining the sentence, the court took into account the appellant's guarded remorse, his extensive criminal history, and the fact that he had spent most of his adult life in custody. The court also noted the appellant's mental health issues and his institutionalisation. Ultimately, the court sentenced the appellant to a term of 3 years and 3 months, with a non-parole period of 2 years and 5 months. This sentence reflected the severity of the crime, the appellant's criminal history, and the need for public protection.

Orders

Orders of the court

Sentence of 3 years and 3 months with a non-parole period of 2 years and 5 months, at [62]

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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Citations

R v Hunt [2025] NSWDC 403

Cases Citing This Decision

No citing cases yet.

Cases Cited

Kuruppu v The Queen [2021] NSWCCA 261
Citation 1 (Para 40)

…In Kuruppu v R [2021] NSWCCA 261 the offender appealed against the severity of two separate sentences, one imposed by Judge Colefax SC and the other imposed by myself, including a sentence for intentionally causing grievous bodily harm. The offender and the victim were both in custody and shared a cell for a period…
R v Loveridge [2020] NSWDC 256
Citation 2 (Para 41)

…In R v Loveridge [2020] NSWDC 256 the offender pleaded guilty to one charge of assault occasioning actual bodily harm. The offender had been an inmate serving a lengthy term for a separate matter. Whilst in custody he had been involved in a number of physical altercations with other inmates, and was ultimately give…
Davis v The Queen [2018] NSWCCA 277
Citation 3 (Para 45)

…In Davis v R [2018] NSWCCA 277 the offender appealed against his conviction following a trial for a number of offences, including murder and administering poison with intent to murder. The offender worked in an aged care facility and was convicted of administering by injection high doses of insulin to three resident…
R v Kuruppu [2018] NSWDC 322
Citation 4 (Para 58)

…and partly consecutively, with the other sentence of imprisonment and any further sentence of imprisonment that is yet to commence (See R v Kuruppu [2018] NSWDC 322).…
R v Kilic [2016] HCA 48
Citation 5 (Para 54)

…ently grave to warrant the imposition of a penalty approaching the maximum for offences under this section (see The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48).…
R v Windle [2012] NSWCCA 222
Citation 6 (Para 60)

…I also note the observations of Basten JA in R v Windle [2012] NSWCCA 222 said at [56]:…
Tan v R [2010] NSWCCA 207
Citation 7 (Para 42)

…he two principal offenders was dismissed and the sentence of 16 years imprisonment with a non-parole period of 12 years was confirmed. In Tan v R [2010] NSWCCA 207 an appeal against the other offender’s sentence of life imprisonment was also dismissed.…
R v Dinh [2010] NSWCCA 74
Citation 8 (Para 43)

…In R v Dinh [2010] NSWCCA 74 the Crown appealed against the inadequacy of an offender’s sentence for applying a corrosive fluid with intent to burn. The offender’s mother was jealous of her ex-husband’s new partner, the victim. The balaclava clad offender and a second offender approached the victim as she was leavi…
Car v The Queen [2009] NSWCCA 138
Citation 9 (Para 44)

…In Car v R [2009] NSWCCA 138 the offender appealed against the severity of a sentence for maliciously causing a person to take poison, namely carbon monoxide, so as to endanger life. The offender’s marriage had broken down and he had a shared custody arrangement with his ex-wife for the care of their 13-month-old so…
Satorre v Regina [2006] NSWCCA 298
Citation 10 (Para 42)

…uced coma from which he did not awaken. AB was ultimately sentenced to 18 years with a non-parole period of 13 years and 6 months. In Satorre v R [2006] NSWCCA 298 an appeal against the sentence of one of the two principal offenders was dismissed and the sentence of 16 years imprisonment with a non-parole period of…
Regina v AB [2006] NSWSC 69
Citation 11 (Para 42)

…In R v AB [2006] NSWSC 69 the offender pleaded guilty to an offence of being an accessory before the fact to murder. A conspirator planned to have the victim, an accountant involved in a failed money laundering scheme, disfigured by an acid attack. The offender was approached for that purpose but introduced a frie…
Re Attorney-General's Application (No 1 of 2002) (NSW) [2002] NSWCCA 518
Citation 12 (Para 55)

…ciple by his Honour Chief Justice Spigelman in Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146.…
R v Fyffe [2002] NSWSC 751
Citation 13 (Para 59)

…I am cognisant of the expression of principle by Justice Barr in R v Fyffe [2002] NSWSC 751 at [33] where his Honour said:…
R v Qutami [2001] NSWCCA 353
Citation 14 (Para 31)

…In assessing the submission with respect to the offender’s remorse I have regard to the principle articulated in R v Qutami [2001] NSWCCA 353 that caution ought to be exercised in relying on or giving excessive weight to untested and self-serving statements by an offender.…
R v De Simoni [1981] HCA 31
Citation 15 (Para 40)

…I am conscious of the principle in R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 that I cannot sentence the offender upon facts that may indicate a more serious offence than that which he has been charged with. There is little doubt that the offending conduct in this matter could potentially have been charged…

Legislation Cited

Crimes Act 1900 (ACT) 192K, 33, 35, 39, 41, 47
7 mentions (from Para 1)
Crimes (Sentencing Procedure) Act 1999 (NSW) 56
2 mentions (from Para 55)
Child Protection (Offenders Registration) Act 2000 (NSW)
1 mention (from Para 39)

Medium Neutral Citation:	R v Hunt [2025] NSWDC 403
Hearing dates:	8 August 2025
Date of orders:	14 August 2025
Decision date:	14 August 2025
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Sentence of 3 years and 3 months with a non-parole period of 2 years and 5 months, at [62]
Catchwords:	CRIME – Poison to injure person – Offence committed in custody – Cellmate’s drink spiked with drain cleaner – Alkaline burns to mouth, oesophagus, and stomach – Victim vulnerable due to old age and health issues – Offence potentially undercharged SENTENCING – Form 1 offence – Possess identification information to commit serious indictable offence – Maximum penalty for Form 1 offence greater than principal offence SENTENCING – Subjective circumstances – Plea of guilty – Guarded remorse and rehabilitation – Extensive and serious criminal history – Offender has spent most of adult life in custody – Offender institutionalised – Mental health issues – Obsessive Compulsive Disorder and Paedophilia
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) Crimes Act 1900 (NSW) ss 33, 35, 39, 41, 47, 192K Crimes (Sentencing Procedure) Act 1999 (NSW) s 56
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Car v R [2009] NSWCCA 138 Davis v R [2018] NSWCCA 277 Kuruppu v R [2021] NSWCCA 261 R v AB [2006] NSWSC 69 R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Dinh [2010] NSWCCA 74 R v Fyffe [2002] NSWSC 751 R v Kuruppu [2018] NSWDC 322 R v Loveridge [2020] NSWDC 256 R v Qutami [2001] NSWCCA 353 R v Windle [2012] NSWCCA 222 Satorre v R [2006] NSWCCA 298 Tan v R [2010] NSWCCA 207 The Queen v Kilic (2016) 259 CLR 256; [2016] HCA 48
Category:	Sentence
Parties:	Rex (Crown) Michael / Micheal Shane Hunt (Offender)
Representation:	Counsel: C Mayer (Crown) L Connell (Offender) Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) Legal Aid NSW (Offender)
File Number(s):	2024/00329547
Publication restriction:	N/A