R v Munro - [2015] NSWDC 353

District Court

New South Wales

Medium Neutral Citation: R v Munro [2015] NSWDC 353
Decision date: 01 October 2015
Jurisdiction: Criminal
Before: Cogswell SC DCJ
Decision:
For the offence of reckless wounding, a sentence of imprisonment of 3 years and 4 months to commence on 11 May 2015 and to expire on 10 September 2018. A non-parole period of 2 years is fixed to commence on 11 May 2015 and to expire on 10 May 2017.

Catchwords: CRIMINAL LAW – Sentence – particular offence – offence against the person – reckless wounding – stabbing to the chest with scissors – gravity of offence – above the middle of the range of objective seriousness – injury to vital part of the body – offence occurred just outside home of the victim – more weight to be given to general deterrence – nature and circumstances of offender – prior criminality – record of offences of personal violence – aggravating factor – Indigenous woman from unstable background – Fernando principles – remorse – apologised in court – undertaking rehabilitation program in custody – fair prospects of rehabilitation – plea of guilty at earliest opportunity – 25% discount – special circumstances for altering the ratio between the head sentence and non-parole period – extended period of supervision required to overcome drug and alcohol issues
Legislation Cited: Crimes Act 1900 (NSW), s 35(4)
Crimes (Sentencing Procedure) Act 1999, s 21A
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
R v Fernando (1992) 76 A Crim R 58
Category: Sentence
Parties: Regina (Crown)
Neesha Rebecca Munro (Offender)
Representation:
Counsel:
P Coady (Offender)
Solicitors:
G Wasilewicz, Office of the Director of Public Prosecutions (NSW) (Crown)

File Number(s): 2015/34150

Judgment

I am sentencing Neesha Munro for stabbing her own mother. It was a serious crime.
What a judge does when they are sentencing an offender is to say something about the crime and then something about the offender themselves before announcing what the sentence is. The judge needs to make an assessment of how serious an example of the offence this particular one was but also take into account any factors that are personal to the offender which should be taken into account.
The first thing I should say is that Ms Munro has pleaded guilty to the crime that she was charged with. The crime is called reckless wounding. It is an offence against s 35(4) of the Crimes Act1900 (NSW). It is so serious that Parliament has fixed a maximum of seven years imprisonment to the crime. Not only that, it has fixed a standard non-parole period of three years to the same crime.
As a result of Ms Munro’s plea of guilty I will formally convict her of the offence. In addition, in due course I will reduce her sentence by some 25% because she pleaded guilty at the earliest available opportunity.
First, the crime. Neesha Munro’s mother lived in Coledale with Neesha Munro. She was at home on the night of…

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 Munro

Details

AGLC: R v Munro [2015] NSWDC 353
Case: [2015] NSWDC 353
Decision Date: 01 October 2015

CaseChat Overview and Summary

The case of R v Munro was heard in an Australian court, involving the defendant Munro who was charged with reckless wounding. The victim was stabbed in the chest with scissors, an attack which occurred outside the victim’s home. The court was tasked with determining the appropriate sentence for Munro, taking into account the gravity of the offence, the nature and circumstances of the offender, and the principles of sentencing.

The primary legal issues that the court had to decide were the appropriate severity of the sentence, the relevance of the offender’s prior criminal history, and the potential for rehabilitation. The court had to balance the need for general deterrence with the prospects of Munro’s rehabilitation. The court also considered the principles established in the case of Fernando, which emphasise the importance of considering the personal circumstances of the offender, including their background and remorse, in the sentencing process.

In delivering the sentence, the court acknowledged the seriousness of the offence, noting that the attack was severe and occurred in a violent manner. The court highlighted that the offence fell above the middle of the range of objective seriousness due to the injury to a vital part of the victim’s body. However, the court also took into account Munro’s personal circumstances, including her Indigenous background, unstable upbringing, and prior history of offences involving personal violence. Despite these factors, the court found that Munro had shown remorse, apologised to the victim in court, and was participating in a rehabilitation program in custody. The court applied a 25% discount for Munro’s early guilty plea and determined that an extended period of supervision was necessary to address her drug and alcohol issues. The final sentence was a term of imprisonment of 3 years and 4 months, with a non-parole period of 2 years.

Orders

Orders of the court

For the offence of reckless wounding, a sentence of imprisonment of 3 years and 4 months to commence on 11 May 2015 and to expire on 10 September 2018. A non-parole period of 2 years is fixed to commence on 11 May 2015 and to expire on 10 May 2017.

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 Munro [2015] NSWDC 353
Decision date:	01 October 2015
Jurisdiction:	Criminal
Before:	Cogswell SC DCJ
Decision:	For the offence of reckless wounding, a sentence of imprisonment of 3 years and 4 months to commence on 11 May 2015 and to expire on 10 September 2018. A non-parole period of 2 years is fixed to commence on 11 May 2015 and to expire on 10 May 2017.
Catchwords:	CRIMINAL LAW – Sentence – particular offence – offence against the person – reckless wounding – stabbing to the chest with scissors – gravity of offence – above the middle of the range of objective seriousness – injury to vital part of the body – offence occurred just outside home of the victim – more weight to be given to general deterrence – nature and circumstances of offender – prior criminality – record of offences of personal violence – aggravating factor – Indigenous woman from unstable background – Fernando principles – remorse – apologised in court – undertaking rehabilitation program in custody – fair prospects of rehabilitation – plea of guilty at earliest opportunity – 25% discount – special circumstances for altering the ratio between the head sentence and non-parole period – extended period of supervision required to overcome drug and alcohol issues
Legislation Cited:	Crimes Act 1900 (NSW), s 35(4) Crimes (Sentencing Procedure) Act 1999, s 21A
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58
Category:	Sentence
Parties:	Regina (Crown) Neesha Rebecca Munro (Offender)
Representation:	Counsel: P Coady (Offender) Solicitors: G Wasilewicz, Office of the Director of Public Prosecutions (NSW) (Crown)
File Number(s):	2015/34150