R v Leonard - [2019] NSWDC 628

District Court

New South Wales

Medium Neutral Citation: R v Leonard [2019] NSWDC 628
Hearing dates: 4 & 5 February 2019
Decision date: 04 April 2019
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Total sentence of imprisonment 4 years 5 months; non parole period 2 years 10 months

Catchwords: SENTENCE – assault occasioning actual bodily harm (DV) – intentionally choke person with recklessness as to render unconscious – dysfunctional background – childhood abuse and trauma – violence – drug and alcohol use – history of offending – mental health – plea of guilty during trial - absence of contrition – attitude to offending – medium to high risk of reoffending.
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Cases Cited: R v Astill (1992) 63 A Crim R 148
R v Bugmy[2013] NSWSC 1885
DPP v De La Rosa [2010] NSWCCA 194
R v Engert (1995)84 A Crim R 67
Mill v The Queen (1988) 166 CLR 59
Munda v WA [2013] HCA 38; (2013)249 CLR 600
Pearce v The Queen (1998) 194 CLR 610
Thomson and Houlton v R [2000] NSWCCA 309
Veen (No 2) v Queen (1989) 164 CLR 465
Category: Sentence
Parties: Regina (Crown)
Matthew Jonathon James Leonard (the accused)
Representation: Counsel:
Ms Oliver for Crown
Mr Carty for offender

File Number(s): 2018/00080358
Publication restriction: Name of the complainant

Judgment

Matthew Johnathon James Leonard appears today for sentence in relation to two counts to which he pleaded guilty before me at the Coffs Harbour District Court in February of this year when I was presiding over the sittings at the beginning of the law term. He had been arraigned on six counts, the details of which I need not dwell upon at the moment, and the complainant or victim in relation to the matters to which he has pleaded guilty, who I shall refer to as AJ, had almost completed her evidence-in-chief, as my memory serves me. At the time it was indicated to the Court that the accused should be re-arraigned and with some changed particulars to Count 1 a plea of guilty made to the two matters now for sentence.
The two counts to which he pleaded guilty before me, whilst pleading, I hasten to say, not guilty to the other four counts which pleas were all accepted in discharge of the indictment, were Count 1, which was an allegation that he, on 12 March 2018 at Coffs Harbour in the State of New South Wales did assault AJ thereby occasioning actual bodily harm to her, and Count 4, alleging on the same day at the same place he did intentionally choke the complainant with recklessness as to rendering her unconscious, insensible or incapable of resistance.
The allegation of assault occasioning actual bodily harm is one contrary to s 59 of the Crimes Act 1900. It carries a maximum penalty of five years’ imprisonment and has no standard non-parole period. The other offence contrary to s 37 of the Crimes…

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 Leonard

Details

AGLC: R v Leonard [2019] NSWDC 628
Case: [2019] NSWDC 628
Decision Date: 04 April 2019

CaseChat Overview and Summary

The case of R v Leonard was heard in the Supreme Court of Victoria, where the defendant, Leonard, faced charges relating to assault occasioning actual bodily harm, specifically involving domestic violence. Leonard had pleaded guilty during the trial but showed a lack of contrition and had an attitude towards his offending that was concerning. The court needed to determine an appropriate sentence, considering Leonard's dysfunctional background, which included childhood abuse and trauma, alongside issues of violence, drug and alcohol use, and a history of offending. Additionally, the court considered Leonard's mental health, which was pertinent to his behaviour and the risk of reoffending.

The legal issues before the court involved weighing the severity of the offence against Leonard's personal circumstances. The court had to assess the impact of his background and the risk factors associated with his likelihood to reoffend. Given the plea of guilty and the absence of remorse, these factors influenced the court's considerations in determining an appropriate sentence. The court also needed to ensure the sentence reflected the gravity of the offence and provided adequate deterrence and protection for the community.

In delivering the sentence, the court acknowledged Leonard's troubled background but emphasised the seriousness of the assault. The court recognised the risk Leonard posed to the community but also considered the potential for rehabilitation. Ultimately, the court imposed a total sentence of imprisonment of 4 years and 5 months, with a non-parole period of 2 years and 10 months. The sentence aimed to balance the need for punishment and deterrence with the opportunity for Leonard to address his issues and reduce the risk of future offending.

Orders

Orders of the court

Total sentence of imprisonment 4 years 5 months; non parole period 2 years 10 months

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 Leonard [2019] NSWDC 628
Hearing dates:	4 & 5 February 2019
Decision date:	04 April 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Total sentence of imprisonment 4 years 5 months; non parole period 2 years 10 months
Catchwords:	SENTENCE – assault occasioning actual bodily harm (DV) – intentionally choke person with recklessness as to render unconscious – dysfunctional background – childhood abuse and trauma – violence – drug and alcohol use – history of offending – mental health – plea of guilty during trial - absence of contrition – attitude to offending – medium to high risk of reoffending.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	R v Astill (1992) 63 A Crim R 148 R v Bugmy[2013] NSWSC 1885 DPP v De La Rosa [2010] NSWCCA 194 R v Engert (1995)84 A Crim R 67 Mill v The Queen (1988) 166 CLR 59 Munda v WA [2013] HCA 38; (2013)249 CLR 600 Pearce v The Queen (1998) 194 CLR 610 Thomson and Houlton v R [2000] NSWCCA 309 Veen (No 2) v Queen (1989) 164 CLR 465
Category:	Sentence
Parties:	Regina (Crown) Matthew Jonathon James Leonard (the accused)
Representation:	Counsel: Ms Oliver for Crown Mr Carty for offender
File Number(s):	2018/00080358
Publication restriction:	Name of the complainant