R v James Ian Longworth - [2016] NSWDC 132

District Court

New South Wales

Medium Neutral Citation: R v James Ian Longworth [2016] NSWDC 132
Hearing dates: 28, 29 January 2016
Date of orders: 18 February 2016
Decision date: 18 February 2016
Jurisdiction: Criminal
Before: Cogswell SC DCJ
Decision:
1. The offender is sentenced to four years and ten months imprisonment. The sentence commences on 14 February 2016 and expires on 13 December 2020. I fix a non-parole period of three years that will commence on 14 February 2016 and expire on 13 February 2019. The offender is eligible for parole on 13 February 2019.
2. The backup charge of assault occasioning actual bodily harm is withdrawn and dismissed.

Catchwords: CRIMINAL LAW – particular offences – offences against the person – assault – circumstances of aggravation and aggravated assaults – one punch causing grievous bodily harm to bar security; CRIMINAL LAW – sentence – relevant factors – nature and circumstances of offence – consequences of offence or impact on victim - whether injury (brain damage) in upper reaches of grievous bodily harm – relevance of offender’s depression and intoxication – knowledge of consequences of one punch – general deterrence on offender – impact of media coverage - whether or not full-time custody required
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
Field v R [2015] NSWCCA 332
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Angelos (unreported, Haesler SC DCJ, District Court of New South Wales, 4 October 2014)
R v Loveridge [2014] NSWCCA 120; (2014) 243 A Crim R 31
R v Mooney (unreported, Young CJ, Victorian Court of Criminal Appeal, 21 June 1978)
Category: Sentence
Parties: Regina (Crown)
James Ian Longworth (Offender)
Representation:
Counsel:
Mr J Pickering SC (Crown)
Mr H Dhanji SC with Ms C O’Neill (Offender)
Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Nyman Gibson Miralis (Offender)

File Number(s): 2013/271287
Publication restriction: Non-publication order re material in Exhibit VD2 in red square brackets, personal addresses or telephone numbers contained in VD2 until order revoked. Non publication interim orders applying in the Commonwealth of Australia to Exhibit A, items in Exhibit B, including photographs 23, 24, 25, 26, 27 and 28 behind the first tab, which is yellow and photographs 21, 22, 23, 24, 25 and 26 behind the second tab, which is orange and Exhibit C until order revoked. Non-publication order re address of accused.

Judgment

Sometimes serious crimes are committed by good people. Often such cases involve car accidents. A driver has a momentary lapse of attention and someone else is killed or seriously injured. The driver may be an upright citizen who contributes to society but they then face a very serious charge involving the death or grievous bodily harm of a fellow citizen. That person in a short moment faces a prison sentence.
This case is another example of such a crime. James…

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 James Ian Longworth

Details

AGLC: R v James Ian Longworth [2016] NSWDC 132
Case: [2016] NSWDC 132
Decision Date: 18 February 2016

CaseChat Overview and Summary

The defendant, James Ian Longworth, was charged with an aggravated assault that resulted in grievous bodily harm to a bar security guard. The incident occurred when Longworth punched the guard, causing severe brain damage. The case was heard in the relevant court, where the primary legal issues were the nature and circumstances of the offence, the consequences of the offence, and the appropriate sentence for the defendant. The court also considered the defendant's state of mind at the time of the offence, including his depression and level of intoxication, as well as the impact of media coverage on the case.

The court examined whether the injury sustained by the victim was in the upper reaches of grievous bodily harm and whether the defendant's knowledge of the potential consequences of his actions should be taken into account. The court also assessed whether the general deterrence of the offender and the impact on the victim warranted a full-time custodial sentence. After considering these factors, the court determined that the appropriate sentence for the defendant was four years and ten months imprisonment, with a non-parole period of three years. The court also withdrew and dismissed the backup charge of assault occasioning actual bodily harm.

The orders made by the court included a custodial sentence for the defendant, commencing on 14 February 2016 and expiring on 13 December 2020, with a non-parole period of three years. The defendant is eligible for parole on 13 February 2019. Additionally, the backup charge of assault occasioning actual bodily harm was withdrawn and dismissed.

Orders

Orders of the court

1. The offender is sentenced to four years and ten months imprisonment. The sentence commences on 14 February 2016 and expires on 13 December 2020. I fix a non-parole period of three years that will commence on 14 February 2016 and expire on 13 February 2019. The offender is eligible for parole on 13 February 2019.

2. The backup charge of assault occasioning actual bodily harm is withdrawn and dismissed.

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 James Ian Longworth [2016] NSWDC 132
Hearing dates:	28, 29 January 2016
Date of orders:	18 February 2016
Decision date:	18 February 2016
Jurisdiction:	Criminal
Before:	Cogswell SC DCJ
Decision:	1. The offender is sentenced to four years and ten months imprisonment. The sentence commences on 14 February 2016 and expires on 13 December 2020. I fix a non-parole period of three years that will commence on 14 February 2016 and expire on 13 February 2019. The offender is eligible for parole on 13 February 2019. 2. The backup charge of assault occasioning actual bodily harm is withdrawn and dismissed.
Catchwords:	CRIMINAL LAW – particular offences – offences against the person – assault – circumstances of aggravation and aggravated assaults – one punch causing grievous bodily harm to bar security; CRIMINAL LAW – sentence – relevant factors – nature and circumstances of offence – consequences of offence or impact on victim - whether injury (brain damage) in upper reaches of grievous bodily harm – relevance of offender’s depression and intoxication – knowledge of consequences of one punch – general deterrence on offender – impact of media coverage - whether or not full-time custody required
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited:	Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Field v R [2015] NSWCCA 332 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Angelos (unreported, Haesler SC DCJ, District Court of New South Wales, 4 October 2014) R v Loveridge [2014] NSWCCA 120; (2014) 243 A Crim R 31 R v Mooney (unreported, Young CJ, Victorian Court of Criminal Appeal, 21 June 1978)
Category:	Sentence
Parties:	Regina (Crown) James Ian Longworth (Offender)
Representation:	Counsel: Mr J Pickering SC (Crown) Mr H Dhanji SC with Ms C O’Neill (Offender) Solicitors: Director of Public Prosecutions (NSW) (Crown) Nyman Gibson Miralis (Offender)
File Number(s):	2013/271287
Publication restriction:	Non-publication order re material in Exhibit VD2 in red square brackets, personal addresses or telephone numbers contained in VD2 until order revoked. Non publication interim orders applying in the Commonwealth of Australia to Exhibit A, items in Exhibit B, including photographs 23, 24, 25, 26, 27 and 28 behind the first tab, which is yellow and photographs 21, 22, 23, 24, 25 and 26 behind the second tab, which is orange and Exhibit C until order revoked. Non-publication order re address of accused.