District Court
New South Wales
Medium Neutral Citation: R v Matthews [2019] NSWDC 342 Hearing dates: 01 July 2019 Date of orders: 02 July 2019 Decision date: 02 July 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 months
Catchwords: CRIME — Violent offences — Cause grievous bodily harm with intent
SENTENCING — Non-parole period — Principles to be applied
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Form 1 offencesLegislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999Cases Cited: Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2002] NSWCCA 518
Callaghan v R [2006] NSWCCA 58
De La Rosa [2010] NSWCCA 194
Engert [1995] 84 A Crim R 67
Hemsley [2004] NSWCCA 228
King v The Queen [2010] NSWCCA
Muldrock v Queen [2011] HCA 39
Nowak v R [2008] NSWCCA
Qutami [2001] NSWCCA 353
R v Cramp [2004] NSWCCA 264
R v De Simoni (1981) 147 CLR
R v Falls [2004] NSWCCA 335
R v Youkhana [2004] NSWCCA 412
Shine v R [2016] NSWCCA 149
Tepania v Queen [2018] NSWCCA 247
Veen No 2 [1988] HCA 14
Veen v Queen (No.2) (1987-1988) 164 CLR 465 [1988] HCA 14Category: Sentence Parties: Regina (Crown)
Sean Matthews (Offender)Representation: Emma Blizard (Crown)
Director of Public Prosecutions (NSW) (Crown)
Nathan Steel (counsel) (Offender)
File Number(s): 2018/00214481
EX TEMPORE JUDGEMENT (REVISED)
INTRODUCTION
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These are sentence proceedings for Sean Matthews. The matter commenced before me yesterday, 1 July 2019. After receiving the evidence and considering the submissions I decided to defer the imposition of sentence and the reasons for it until today to allow me time to conduct some research into some of the points that were raised and to give appropriate consideration to what is a matter of some significance.
THE OFFENCES
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The offender pleaded guilty in the Local Court to an offence contrary to s 33(1) (b) charged in conjunction with s 344A, both of the Crimes Act 1900. The offence is in the following terms: that the offender on 12 July 2018 at Eastwood in the State of New South Wales did attempt to cause grievous bodily harm to SC with intent to cause grievous bodily harm. The maximum penalty for that offence is imprisonment for 25 years. This being an attempt and thus an inchoate offence there is no applicable standard non‑parole period in accordance with Part 4 Div 1A of the Crimes (Sentencing Procedure) Act 1999. Although there is one specified for a complete offence, it is irrelevant in the determination of this matter.
UTILITY OF THE PLEA OF GUILTY
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Having pleaded guilty in the Local Court the offender adhered to that plea of guilty in this Court and therefore attracts a discount for the utility of the plea of guilty at 25% to be applied to the sentence…
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- AGLC
- R v Matthews [2019] NSWDC 342
- Case
- [2019] NSWDC 342
- Decision Date
CaseChat Overview and Summary
The court considered several factors in its deliberation, including the principles of sentencing, the specific characteristics of the offence, and the need to deter similar conduct in the future. It was essential to balance the need for punishment with the possibility of rehabilitation. The court also examined the form 1 offence criteria, which included the severity of the harm caused and the intent behind the act. The judge reviewed precedent cases and statutory guidelines to arrive at a sentence that was commensurate with the crime.
After thorough consideration, the court determined that a term of imprisonment of seven years and six months was appropriate, with a non-parole period of four years and six months. This sentence was intended to reflect the severity of the offence and its impact on the victim while also providing an opportunity for Matthews to rehabilitate and reintegrate into society. The court's decision was based on a comprehensive analysis of the relevant legal principles and the circumstances of the case.
Orders
Orders of the court
Term of imprisonment of 7 years 6 months with a non-parole period of 4 years 6 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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