R v Reid, John David

Case [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

  1. 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

  1. 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…

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AGLC
R v Reid, John David [2020] NSWDC 946
Case
[2020] NSWDC 946
Decision Date

CaseChat Overview and Summary

The defendant, John David Reid, faced sentencing following a guilty plea to multiple charges, including domestic violence, drug offences, and contravention of an apprehended violence order. The case was heard in the Supreme Court of New South Wales. The defendant admitted to engaging in domestic violence, being in possession of a prohibited drug, and breaching an apprehended violence order. The court was tasked with determining the appropriate sentence considering the nature of the offences, the defendant's background, and any mitigating factors.

The court considered various legal issues, including the appropriate weight to give to the defendant's guilty plea and the severity of the domestic violence offence. Additionally, the court had to address the impact of the defendant’s drug addiction on his offending behaviour and its implications for sentencing. The court also had to consider the nature of the contravention of the apprehended violence order and its significance in the context of the overall offending pattern.

In determining the sentence, the court emphasised the gravity of the domestic violence offence, noting its serious impact on the victim. The court also recognised the defendant's guilty plea as a mitigating factor. However, the court was cautious about the defendant's drug addiction, which was seen as a contributing factor to his offending. The court imposed a sentence that reflected the seriousness of the offences, while also considering the need for rehabilitation and deterrence. The court concluded that the appropriate aggregate sentence was two years and six months imprisonment, with a non-parole period of 18 months. The court also imposed a 12-month community correction order for the contravention of the apprehended violence order.

Orders

Orders of the court

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.

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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