R v Pink

[2024] NSWDC 36

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Pink [2024] NSWDC 36

Hearing dates:

12 February 2024

Date of orders:

16 February 2024

Decision date:

16 February 2024

Jurisdiction:

Criminal

Before:

DCJ Brady SC

Decision:

Sentence of imprisonment of 2 years 6 months with a non-parole period of 1 year 5 months

Catchwords:

CRIME – sentence after plea – Crimes Act 1900 – s 35(4) – reckless wounding – Bugmy considerations

Legislation Cited:

Crimes Act 1900 (NSW)

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

De La Rosa (2010) 79 NSWLR 1

IS v R [2017] NSWCCA 116

R v Fernando [2002] NSWCCA 28

R v Tran [1999] NSWCCA 109

Stevens v R [2017] NSWCCA 216

Category:

Sentence

Parties:

Rex (Crown)
Samuel Gregory Pink (Offender)

Representation:

Counsel:
T Pickering (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid (Offender)

File Number(s):

2022/357051

JUDGMENT

1. Samuel Ellis ("the offender") pleaded guilty in the Local Court to an offence of recklessly wounding Corey Draper contrary to section 35(4) Crimes Act 1900.

2. The maximum penalty for the offence of reckless wounding is seven years imprisonment. There is a standard non-parole period of three years imprisonment. Both the maximum period of imprisonment and the standard non-parole period serve as statutory guideposts for the sentence.

3. The Crown submitted and Mr Pickering conceded, that no other penalty other than full-time gaol is appropriate in this case. Bearing in mind the seriousness of the offending, I agree with that submission and concession. I have determined that the section 5 threshold has been crossed, and no other penalty other than prison, and full-time prison, is appropriate to properly reflect the seriousness of the offence and the principles of sentencing.

Plea of guilty

4. The offender entered a plea of guilty in the Local Court and was committed for sentence from the Downing Centre Local Court. The offender is entitled to a 25% discount for the utilitarian value of his early plea of guilty.

Facts

5. A statement of agreed facts was tendered. It sets out the factual basis of the plea of guilty. In brief summary, the facts are as follows:

1. At about 8 AM on 26 November 2022. The offender went to an apartment at Brighton Le Sands with his girlfriend. The victim was at the apartment.

2. Either inside or just outside the apartment the offender and the victim began to argue about the victim's contact with the offender’s girlfriend from an earlier time. The argument resulted in the victim, saying to the offender, "Do you want to have a go then".

3. The offender picked up a knife and an altercation occurred between him and the victim. During the altercation the offender inflicted several injuries and a wound upon the victim.

4. The offender and his girlfriend left the apartment.

5. The victim was in shock from the stabbing and noted a lot of blood. Each time the victim attempted to breathe he could feel air coming in and out of…