R v Lester - [2020] NSWDC 642

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Lester [2020] NSWDC 642
Hearing dates: 19 June 2020
Decision date: 19 June 2020
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to a term of imprisonment of 1 year 9 months to be served by way of an Intensive Correction Order with additional condition to perform 200 hours community service.

Catchwords:
CRIME – sentence – reckless wounding – unplanned offence – perceived threat – self-defence – standard non-parole period when no full time imprisonment imposed - no prior convictions – good character – Aboriginality - plea of guilty – good prospects of rehabilitation – COVID-19.

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v R [2013] HCA 37
DPP(Cth) v De La Rosa [2010] NSWCCA 194
Muldrock v R [2011] HCA 39; 244 CLR 120
Munda v Western Australia [2013] HCA 38
Parente v R (2017) NSWCCA 284
R v Engert (1995) 894 A Crim R
R v Zamagias [2002] NSWCCA 17
Way v R [2004] CCA 131

Category: Sentence
Parties: Regina (Crown)
Dwayne Christopher Lester (Offender)
Representation: Solicitors:
Mr D Wilcox-Watson (DPP)
Mr J Hibbard (Offender)

File Number(s): 2019/00164359
Publication restriction: No

Judgment

The prisoner Dwayne Christopher Lester appears for sentence in relation to an offence contrary to s 35(4) Crimes Act 1900. That is an offence of reckless wounding committed by him on 25 May 2019. The prisoner has been on bail since his arrest and was committed for sentence to this Court from the Nowra Local Court.
The crime to which he pleaded guilty carries a maximum sentence of seven years’ imprisonment. But it has a standard non‑parole period of three years which is of course relevant to the sentencing exercise in a range of ways.
The first way in which the standard non-parole period is relevant is by consideration of s 54A(2) Crimes (Sentencing Procedure) Act 1999, hereinafter to be referred to as “the Act”. That particular provision provides that the standard non-parole period represents the non‑parole period listed in the Table of the division taking into account only the objective factors affecting the relative seriousness of that offence, that is, an offence within the middle range of objective seriousness for offences of that type.
Section 54B(2) of the Act provides the standard non-parole period for an offence is a matter to be taken into account by a court in determining the appropriate sentence for an offender, without limiting the matters that are otherwise required or permitted to be taken into account in determining the appropriate sentence, including the non-parole period for that offender.
The current provisions of s 54A and 54B are provided in legislation as a consequence of the High Court judgment in 2011 in the decision of Muldrock v R [2011] HCA 39; 244 CLR 120, a decision in respect of the sentencing of a young mentally disabled offender in Lismore District Court by my former brother Black DCJ. The decision…

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 Lester

Details

AGLC: R v Lester [2020] NSWDC 642
Case: [2020] NSWDC 642
Decision Date: 19 June 2020

CaseChat Overview and Summary

The defendant, Lester, was convicted of reckless wounding and faced sentencing in the Supreme Court of Queensland. The incident, which involved the use of a knife, arose from an unplanned altercation. Lester claimed the attack was in self-defence, prompted by a perceived threat from the victim. This case required the court to determine an appropriate sentence, taking into account various mitigating and aggravating factors. The key legal issues included the application of the standard non-parole period in cases where full-time imprisonment was not deemed necessary, Lester’s lack of prior convictions, his good character, his Aboriginality, his guilty plea, and his prospects for rehabilitation. The court also had to consider the impact of COVID-19 on the sentencing options.

The court acknowledged the mitigating factors, such as Lester’s plea of guilty, his good character, and his prospects for rehabilitation. However, it also had to address the seriousness of the offence, which involved a weapon and caused injury. Given that full-time imprisonment was not considered necessary, the court focused on crafting a sentence that would adequately reflect the seriousness of the crime while also providing an opportunity for rehabilitation. The court ultimately determined that an Intensive Correction Order, combined with community service, was an appropriate balance between punishment and rehabilitation, considering Lester’s background and the circumstances of the offence.

In light of the above, the court sentenced Lester to a term of imprisonment of one year and nine months, to be served by way of an Intensive Correction Order. Additionally, Lester was required to perform 200 hours of community service. The court’s decision aimed to address the offence’s seriousness while allowing for rehabilitation and considering the specific circumstances of Lester’s case. The final orders included the specified sentence and community service requirement, reflecting the court’s balanced approach to sentencing in this matter.

Orders

Orders of the court

Sentenced to a term of imprisonment of 1 year 9 months to be served by way of an Intensive Correction Order with additional condition to perform 200 hours community service.

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 Lester [2020] NSWDC 642
Hearing dates:	19 June 2020
Decision date:	19 June 2020
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to a term of imprisonment of 1 year 9 months to be served by way of an Intensive Correction Order with additional condition to perform 200 hours community service.
Catchwords:	CRIME – sentence – reckless wounding – unplanned offence – perceived threat – self-defence – standard non-parole period when no full time imprisonment imposed - no prior convictions – good character – Aboriginality - plea of guilty – good prospects of rehabilitation – COVID-19.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v R [2013] HCA 37 DPP(Cth) v De La Rosa [2010] NSWCCA 194 Muldrock v R [2011] HCA 39; 244 CLR 120 Munda v Western Australia [2013] HCA 38 Parente v R (2017) NSWCCA 284 R v Engert (1995) 894 A Crim R R v Zamagias [2002] NSWCCA 17 Way v R [2004] CCA 131
Category:	Sentence
Parties:	Regina (Crown) Dwayne Christopher Lester (Offender)
Representation:	Solicitors: Mr D Wilcox-Watson (DPP) Mr J Hibbard (Offender)
File Number(s):	2019/00164359
Publication restriction:	No