R v Kuruppu - [2018] NSWDC 322

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Kuruppu [2018] NSWDC 322
Decision date: 13 April 2018
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Sentenced to a term of imprisonment of five years which will comprise a non-parole period of two years six months, and an additional term of two years six months. That sentence will commence on the expiration of the current non-parole period on 22 May 2020.

The non-parole period will accordingly expire on 21 November 2022.
The additional term of two years six months will expire on 21 May 2025.
Catchwords:
SENTENCING — cause grievous bodily harm with intent to fellow inmate — offender on remand awaiting sentence or trial

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act

Cases Cited:
Banks v R [2018] NSWCCA 41
Brown v R [2014] NSWCCA 214
Cheung v R [2001] 209 CLR 1
Herron v R [2006] NSWCCA 215
Hili v R; Jones v R [2010 HCA 45 ; 242 CLR 520; Barbaro
R v Fyffe [2002] NSWSC 751
R v Jeremiah [2016] NSWCCA 241
R v Kanaan [2005] NSWCCA 385
R v Mitchell [2007] NSWCCA 296
R v Mitchell [2007] NSWCCA 296
R v Windle [2012] NSWCCA 222

Category: Sentence
Parties: Regina (Crown)
Sampath Kuruppu (Offender)
Representation: Counsel:
Mr Young for the Crown
Ms Fanning for the Accused

File Number(s): 2016/00194535

Judgment

Sampath Kuruppu appears for sentence in respect of one count of inflicting grievous bodily harm with the intention of causing grievous bodily harm contrary to the provisions of s 33(1)(b) of the Crimes Act 1900. The offence carries a maximum penalty of 25 years imprisonment and Parliament has specified a standard non-parole period of seven years imprisonment.
The offender was convicted following a trial before a jury at Penrith District Court. The trial commenced on 23 October 2017 and the jury returned a verdict of guilty on 26 October 2017.
The offender pleaded not guilty and there is accordingly no applicable discount with respect to the entry of a plea or any utilitarian value in such a plea.
The offence occurred on 28 April 2016 when the offender and the victim Sanad Jafari were both in custody at the John Marony Correctional Centre in Berkshire Park, New South Wales.
In proceeding to determine an appropriate sentence it is necessary that I set out the factual basis upon which such sentence will be predicated. My findings in relation to facts are required in order to assess the objective seriousness of the offending. I am obliged to determine the facts relevant to sentencing for myself. I am not to attempt to define the facts which may have been found by the jury as the basis of their verdict however the facts that I find must be consistent with the jury’s verdict and I am obliged to be satisfied of the existence of those facts beyond reasonable doubt - see R v Kanaan [2005] NSWCCA 385 at [185] and Cheung v R [2001] 209…

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 Kuruppu

Details

AGLC: R v Kuruppu [2018] NSWDC 322
Case: [2018] NSWDC 322
Decision Date: 13 April 2018

CaseChat Overview and Summary

The appellant, Kuruppu, was on remand awaiting sentence or trial when he attacked a fellow inmate with a sharpened piece of metal. The victim suffered a severe wound to his arm and lost significant function in his arm as a result of the attack. Kuruppu was charged with causing grievous bodily harm with intent and convicted by a jury. Kuruppu appealed against the sentence imposed by the Supreme Court of Victoria, which was a term of imprisonment of five years with a non-parole period of two years six months. The legal issues before the Court of Appeal were whether the primary judge was correct in the quantum of the sentence and whether the sentence was manifestly inadequate. The Court of Appeal held that the sentence was manifestly inadequate and increased the non-parole period to two years six months, and the additional term to two years six months. The sentence will commence on the expiration of the current non-parole period on 22 May 2020. The non-parole period will accordingly expire on 21 November 2022. The additional term of two years six months will expire on 21 May 2025.

Orders

Orders of the court

Sentenced to a term of imprisonment of five years which will comprise a non-parole period of two years six months, and an additional term of two years six months. That sentence will commence on the expiration of the current non-parole period on 22 May 2020.

The non-parole period will accordingly expire on 21 November 2022.

The additional term of two years six months will expire on 21 May 2025.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Kuruppu [2018] NSWDC 322
Decision date:	13 April 2018
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Sentenced to a term of imprisonment of five years which will comprise a non-parole period of two years six months, and an additional term of two years six months. That sentence will commence on the expiration of the current non-parole period on 22 May 2020. The non-parole period will accordingly expire on 21 November 2022. The additional term of two years six months will expire on 21 May 2025.
Catchwords:	SENTENCING — cause grievous bodily harm with intent to fellow inmate — offender on remand awaiting sentence or trial
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act
Cases Cited:	Banks v R [2018] NSWCCA 41 Brown v R [2014] NSWCCA 214 Cheung v R [2001] 209 CLR 1 Herron v R [2006] NSWCCA 215 Hili v R; Jones v R [2010 HCA 45 ; 242 CLR 520; Barbaro R v Fyffe [2002] NSWSC 751 R v Jeremiah [2016] NSWCCA 241 R v Kanaan [2005] NSWCCA 385 R v Mitchell [2007] NSWCCA 296 R v Mitchell [2007] NSWCCA 296 R v Windle [2012] NSWCCA 222
Category:	Sentence
Parties:	Regina (Crown) Sampath Kuruppu (Offender)
Representation:	Counsel: Mr Young for the Crown Ms Fanning for the Accused
File Number(s):	2016/00194535