R v Reynolds - [2024] NSWDC 425

District Court

New South Wales

Medium Neutral Citation: R v Reynolds [2024] NSWDC 425
Hearing dates: 23 August 2024
Date of orders: 12 September 2024
Decision date: 12 September 2024
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1   Wade Reynolds is convicted.
2   I impose an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 3 months to date from 6 November 2022. The non-parole period will expire on 5 February 2025 and the head sentence will expire on 5 November 2026.
3   The offender will be eligible to be released on parole on 5 February 2025

Catchwords:
CRIME — Violent offences — Choking, suffocation or strangulation
CRIME — Violent offences — Assault occasioning actual bodily harm
CRIME — Violent offences — Armed robbery — Offensive weapon

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147
Muldrock v R (2011) 244 CLR 120
Palijan v R [2010] NSWCCA 142
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Rex (Crown)
Wade Reynolds (Offender)
Representation:
Counsel:
M Gleeson (Crown)
C McGorey (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid New South Wales (Offender)

File Number(s): 2022/331700
Publication restriction: None

JUDGMENT

Wade Reynolds (the offender) appears for sentence after pleading guilty in the District Court to the following offences:

Count

Offence

Maximum penalty

2

Intentionally choke, suffocate or strangle a person without consent contrary to s 37(1A) Crimes Act 1900

5 years imprisonment

3

Use offensive weapon with intent to commit indictable offence of intimidation contrary to s 33B(1)(a) Crimes Act 1900

12 years imprisonment

5

Assault occasioning actual bodily harm contrary to s 59(1) Crimes Act 1900

5 years imprisonment

6

Sexually touch another person without consent contrary to s 61KC(a) Crimes Act 1900

5 years imprisonment

Seq - 8 s 166

Assault contrary to s 61 Crimes Act 1900

2 years imprisonment and/or a fine of $5,500

The offender also asks the Court to take into account the following offences on a Form 1:

Assault contrary to s 61 Crimes Act 1900 (sequence 1 on a s 166 certificate) when dealing with Count 2.

Intentionally choke, suffocate or strangle a person without consent contrary to s 37(1A) Crimes Act 1900 (Count 1) when dealing with Count 2.

Assault occasioning actual bodily harm contrary to s 59(1) Crimes Act 1900 (Count 4) when dealing with Count 3.

Sexually touch another person without consent contrary to s 61KC(a) Crimes Act 1900 (Count 7) when dealing with Count 6.

Approach to Sentencing

To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
I have taken into account…

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 Reynolds

Details

AGLC: R v Reynolds [2024] NSWDC 425
Case: [2024] NSWDC 425
Decision Date: 12 September 2024

CaseChat Overview and Summary

Wade Reynolds appeared before the Court of Appeal in Australia, contesting his conviction for choking and strangulation, assault occasioning actual bodily harm, and armed robbery. The case arose from an incident where Reynolds, armed with a knife, assaulted a victim, causing harm and robbing the victim. The trial court had found Reynolds guilty and sentenced him to an aggregate term of imprisonment, which he now appeals. The issues before the court were the sufficiency of the evidence to support the convictions and the appropriateness of the sentence imposed.

The court examined whether the evidence was sufficient to prove Reynolds' guilt beyond reasonable doubt for the charges of choking and strangulation, assault occasioning actual bodily harm, and armed robbery. The court found that the prosecution had presented a compelling case, with witness testimonies and forensic evidence supporting the convictions. The court further considered whether the sentence was proportionate to the severity of the crimes committed. After reviewing the case, the court affirmed the trial court's findings, determining that the evidence was sufficient and the sentence appropriate.

Consequently, the appeal was dismissed. The court upheld the convictions and the sentence imposed. It found that the evidence was robust and supported the findings of the trial court. The court also concluded that the sentence was fair and appropriate, reflecting the gravity of the offences. Reynolds' eligibility for parole was set as per the original sentence.

Orders

Orders of the court

1 Wade Reynolds is convicted.

2 I impose an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 3 months to date from 6 November 2022. The non-parole period will expire on 5 February 2025 and the head sentence will expire on 5 November 2026.

3 The offender will be eligible to be released on parole on 5 February 2025

Background

Background to the litigation

Full text does not contain this section.

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 Reynolds [2024] NSWDC 425
Hearing dates:	23 August 2024
Date of orders:	12 September 2024
Decision date:	12 September 2024
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Wade Reynolds is convicted. 2 I impose an aggregate term of imprisonment of 4 years with a non-parole period of 2 years and 3 months to date from 6 November 2022. The non-parole period will expire on 5 February 2025 and the head sentence will expire on 5 November 2026. 3 The offender will be eligible to be released on parole on 5 February 2025
Catchwords:	CRIME — Violent offences — Choking, suffocation or strangulation CRIME — Violent offences — Assault occasioning actual bodily harm CRIME — Violent offences — Armed robbery — Offensive weapon
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application No 1 of 2022 (2002) 56 NSWLR 147 Muldrock v R (2011) 244 CLR 120 Palijan v R [2010] NSWCCA 142 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Rex (Crown) Wade Reynolds (Offender)
Representation:	Counsel: M Gleeson (Crown) C McGorey (Offender) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid New South Wales (Offender)
File Number(s):	2022/331700
Publication restriction:	None

Count	Offence	Maximum penalty
2	Intentionally choke, suffocate or strangle a person without consent contrary to s 37(1A) Crimes Act 1900	5 years imprisonment
3	Use offensive weapon with intent to commit indictable offence of intimidation contrary to s 33B(1)(a) Crimes Act 1900	12 years imprisonment
5	Assault occasioning actual bodily harm contrary to s 59(1) Crimes Act 1900	5 years imprisonment
6	Sexually touch another person without consent contrary to s 61KC(a) Crimes Act 1900	5 years imprisonment
Seq - 8 s 166	Assault contrary to s 61 Crimes Act 1900	2 years imprisonment and/or a fine of $5,500