R v Reid, John David

[2020] NSWDC 946

District Court

New South Wales

Medium Neutral Citation:

R v Reid, John David [2020] NSWDC 946

Hearing dates:

2 April 2020

Date of orders:

2 April 2020

Decision date:

02 April 2020

Jurisdiction:

Criminal

Before:

P Taylor SC DCJ

Decision:

I impose an aggregate sentence of imprisonment of 2 years and 6 months, to commence on 23 July 2019 and expiring on 22 January 2022.

I impose a non-parole period of 18 months, expiring on 22 January 2021.

The indicative sentences are:

a.   Count 1 – 16 months of imprisonment.

b.   Count 2 – taking into account Form 1, 2 years of imprisonment.

c. With respect to the contravene apprehended violence order offence dealt with by way of s.166 Criminal Procedure Act 1986 - 12-month Community Correction Order.

Catchwords:

SENTENCING — Mitigating factors — Plea of guilty

SENTENCING — Subjective considerations on sentence — Drug addiction

CRIME — Domestic violence — “Domestic violence offence”

CRIME — Apprehended violence orders — Contravene apprehended violence order

Legislation Cited:

Crimes Act 1900, s 59

Crimes (Sentencing Procedure) Act 1999, s 3A, s 5

Cases Cited:

Cherry v R [2017] NSWCCA 150

McLaughlin v R [2013] NSWCCA 152

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

Category:

Sentence

Parties:

Regina
John David Reid (Offender)

Representation:

Counsel:
Ms L Davids (Offender)

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

File Number(s):

2018/00374422

Publication restriction:

None

Judgment

1. John David Reid pleaded guilty to two counts of assaulting Giada Nixon, ^[1] thereby occasioning to her actual bodily harm, offences under s 59(1) of the Crimes Act 1900, which carry maximum penalties of five years’ imprisonment.

   1. This is a pseudonym.

2. I am to take into account an offence of common assault on the Form 1, and also sentence Mr Reid in respect of a contravention of an apprehended violence order.

3. Mr Reid pleaded guilty to the offences. At the time of the offences, an apprehended violence order was in place prohibiting Mr Reid from having any contact with Ms Nixon.

4. The agreed facts reveal the following matters.

Count 1

5. On Saturday, 1 December 2018, Mr Reid attended premises in Surry Hills, where he shared a rented studio/bedroom with Ms Nixon. The following morning, a domestic dispute followed Ms Nixon seeing a Facebook message on Mr Reid’s phone. Mr Reid hit the victim, which caused significant bruising to Ms Nixon’s right eye. This blow is the essential element of count 1. Another resident came to the door and took Mr Reid down stairs. He then apologised to Ms Nixon and returned. A friend then brought Mr Reid and Ms Nixon some Ice, a form of methamphetamine, and an argument developed over whether there was enough Ice.

Count 2

6. Later that evening or during the night, Mr Reid again said sorry to Ms Nixon. He told her he loved her and requested she join him on the bed. Ms Nixon said she would prefer to stay on…