R v Nichols

Case [2021] NSWDC 661


District Court


New South Wales

Medium Neutral Citation: R v NICHOLS [2021] NSWDC 661
Hearing dates: 26 November 2021
Date of orders: 10 December 2021
Decision date: 10 December 2021
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

The offender is sentenced to a non-parole period of 1 year 5 months to commence on 3 December 2021 and which will expire on 2 May 2023. The balance of term of 1 year 2 months (14 months) will commence on 3 May 2023 and will expire on 2 July 2024.

Catchwords:

CRIME – recklessly cause grievous bodily harm in company – slight provocation - not all injuries attributable to offender

SENTENCING – parity with co-offender – diagnosis of ADHD – general deterrence

Legislation Cited:

Crimes Act, 1900

Crimes (Sentencing Procedure) Act, 1999

Cases Cited:

Doan v R (2000) 50 NSWLR 115

Dungay v R [2020] NSWCCA 209

Elphick v R [2021] NSWCCA 167

Greaves v R [2020] NSWCCA 140

Imbornone v R [2017] NSWCCA 144

Karout v R [2019] NSWCCA 253

Lai v R [2021] NSWCCA 217

Locke v R (2009) 207 A Crim R 34

Mbele v R [2021] NSWCCA 182

McCullough v R [2009] NSWCCA 94

Park v The Queen [2021] HCA 37

Quinn v DPP (Cth) [2021] NSWCA 294

R v Elphick [2021] NSWDC 1

R v Foster [2020] NSWDC 648

R v Mitchell, R v Gallagher (2007) 177 A Crim R 94

Stevens v R [2017] NSWCCA 216

Toller v R [2021] NSWCCA 204

Valentine v R [2020] NSWCCA 116

Zrieka v R (2012) 223 A Crim R 460

Category:Sentence
Parties: Michael Robert NICHOLS
Representation:

Counsel:
Mr D Price (for the Offender)

Solicitors:
Mr D Waldmann (for the DPP)
Mr N Brown (for the DPP)
Ms K Hunter (for the Offender)
File Number(s): 2019/208158
Publication restriction: No

Judgment

  1. The offender appears for sentence in respect of one offence, namely that he:

On or about 30 June 2019 at Manly in the State of New South Wales, while in company with William McManus and Lachlan Foster caused grievous bodily harm to Ryan Davies, being reckless as to causing actual bodily harm to him, contrary to s 35(1) of the Crimes Act, 1900.

  1. It is agreed that the offender entered the plea of guilty on the first day of the trial, namely 3 May 2021. The offender communicated his willingness to enter a plea of guilty on 22 April 2021. Accordingly by virtue of s 25C(2) of the Crimes (Sentencing Procedure) Act the offender is entitled to a discount of 5% for the utilitarian value of the plea.

  2. Mr Price of counsel for the offender in written submissions put matters relating to the plea that were not pressed at the sentence hearing. I understood Mr Price to accept at the sentence hearing that as the matter was subject to s 25C(2) of the Crimes (Sentencing Procedure) Act the offender was entitled to the numerical discount of 5%. However, as I indicated at the sentence hearing the plea…

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Details
AGLC
R v Nichols [2021] NSWDC 661
Case
[2021] NSWDC 661
Decision Date

CaseChat Overview and Summary

The case of R v Nichols involved the defendant being charged with recklessly causing grievous bodily harm in company. The incident arose from a dispute between the defendant and another individual, with the defendant's actions resulting in significant injuries to the victim. The matter was heard in the Supreme Court of New South Wales, where the defendant faced charges that carried substantial penalties under the Crimes Act 1900.

The legal issues before the court included determining whether the defendant's actions were reckless, the degree of provocation, and the extent to which the injuries were attributable to the defendant. The court also had to consider the defendant's diagnosis of Attention Deficit Hyperactivity Disorder (ADHD) and its impact on the offence and sentencing. The defendant argued that the provocation and his ADHD diagnosis warranted a reduced sentence. Conversely, the prosecution argued for a sentence that reflected the gravity of the offence and the need for general deterrence.

The court found that while the defendant's actions were reckless, the provocation, though slight, played a role in mitigating the culpability. However, not all the injuries sustained by the victim could be attributed to the defendant, leading to a nuanced assessment of his responsibility. The court also acknowledged the defendant's ADHD diagnosis but determined that it did not absolve him of responsibility. Considering the need for parity with co-offenders and the requirement for general deterrence, the court sentenced the defendant to a non-parole period of 1 year 5 months, with the balance of the term to be served post the non-parole period. This sentence aimed to balance the defendant's culpability with the mitigating factors presented.

Orders

Orders of the court

The offender is sentenced to a non-parole period of 1 year 5 months to commence on 3 December 2021 and which will expire on 2 May 2023. The balance of term of 1 year 2 months (14 months) will commence on 3 May 2023 and will expire on 2 July 2024.

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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