District Court
New South Wales
Medium Neutral Citation: R v Rosamond [2019] NSWDC 827 Hearing dates: 14 December 2018 Decision date: 28 February 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Sentenced to Intensive Corrections Order for 1 year 10 months
Sentenced to Community Release Order for 1 year 8 monthsCatchwords: CRIME – Sentence – Recklessly cause grievous bodily harm – assault occasioning actual bodily harm (DV) – male victim sustained significant injuries and has undergone several surgeries – suffers from continuing disabilities and possibility of some permanent damage – no criminal history – victim impact statements – no weapons used – uncharacteristic behaviour by offender – impulsive conduct – no evidence of prior grievances – unexpected provocation – positive steps taken in rehabilitation - low risk of re-offending – family support – Bipolar Affective Disorder previously diagnosed – pleas of guilty Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999Cases Cited: DPP(Cth) v De La Rosa [2010] NSW CCA 194
Johnson v R [1976] HCA44
Kearsley v R [2017] NSW CCA 28
Mill v R [1988] 166 CLR 59
R v Dungay [2012] NSWCCA 197
R v Engert (1995) 84 A CrimR 67
R v Henry (1999) 46 NSWLR 346
R v Israil [2002] NSW CCA 225
R v Merillo [2017] NSWCCA 173
R v Muldrock [2011] HCA 89
R v Pullen [2018] NSW CCA 264
R v Taani [2016] NSW DC 394
R v Thomas [2007] NSWCCA 269
R v Thomson and Houlton [2000] NSWCCA 309
R v Todd (1982) 2 NSW LR
R v Tuala [2015] NSWCCA 8
Ziha v R [2013] NSWCCA 27Category: Sentence Parties: Regina (Crown)
Geoffrey Miles Rosamond (offender)Representation: Counsel:
Solicitors:
Mr Dalton SC (offender)
Mr Leask and Mr Murray (DPP)
File Number(s): 2015/00285874 Publication restriction: No
Judgment
-
Mr Rosamond, in respect of the offence of recklessly inflict grievous bodily harm, I propose to impose a sentence of imprisonment of one year ten months. I propose to refer you for assessment for your suitability to serve that sentence by way of an Intensive Correction Order.
-
In relation to the offence of assault occasioning actual bodily harm upon your former wife, I propose to release you on a conditional release order pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 for a period of two years.
-
The prisoner, Geoffrey Miles Rosamond appears today before me in relation to two offences to which he pleaded guilty in this Court in June 2018. He pleaded guilty to count 2 in the indictment presented alleging that he on 10 January 2015 at Mosman, in the State of New South Wales, did recklessly cause grievous bodily harm to Jeremy Best. I will refer to Mr Best, if he does not mind as the male victim from herein after.
-
He further pleaded guilty to a charge of assaulting Helen Rosamond, his then wife, occasioning to her actual bodily harm on the same date at the same place, and I will refer to her…
Continue reading R v Rosamond
Sign in free to access the full text
- AGLC
- R v Rosamond [2019] NSWDC 827
- Case
- [2019] NSWDC 827
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included the severity of the injuries caused to the victim, the nature of the defendant's uncharacteristic and impulsive conduct, the absence of prior criminal history or evidence of prior grievances, and the defendant's positive steps towards rehabilitation. Additionally, the court considered the impact on the victim as expressed in victim impact statements, the lack of weapon use, and the diagnosis of Bipolar Affective Disorder in the defendant.
In delivering the sentence, the court acknowledged the seriousness of the offences but also recognised the mitigating factors. The court noted Rosamond's remorse, the absence of a criminal history, and the positive changes the defendant had made in their life, including family support and steps towards rehabilitation. The court determined that these factors warranted a sentence that focused on rehabilitation rather than purely punitive measures. Consequently, Rosamond was sentenced to an Intensive Corrections Order for a period of one year and ten months, and a Community Release Order for one year and eight months.
Orders
Orders of the court
Sentenced to Intensive Corrections Order for 1 year 10 months
Sentenced to Community Release Order for 1 year 8 months
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.