R v Rosamond - [2019] NSWDC 827

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 months

Catchwords: 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 1999
Cases 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 27
Category: Sentence
Parties: Regina (Crown)
Geoffrey Miles Rosamond (offender)
Representation:
Counsel:
Mr Dalton SC (offender)
Solicitors:
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…

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 Rosamond

Details

AGLC: R v Rosamond [2019] NSWDC 827
Case: [2019] NSWDC 827
Decision Date: 28 February 2019

CaseChat Overview and Summary

The case of R v Rosamond involved the sentencing of the defendant, Rosamond, who had pleaded guilty to charges of recklessly causing grievous bodily harm and assault occasioning actual bodily harm, in circumstances that constituted domestic violence. The male victim sustained significant injuries, resulting in several surgeries, ongoing disabilities, and a potential for permanent damage. The court was tasked with determining the appropriate sentence for Rosamond, taking into account various mitigating and aggravating factors.

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

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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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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 months
Catchwords:	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 1999
Cases 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 27
Category:	Sentence
Parties:	Regina (Crown) Geoffrey Miles Rosamond (offender)
Representation:	Counsel: Mr Dalton SC (offender) Solicitors: Mr Leask and Mr Murray (DPP)
File Number(s):	2015/00285874
Publication restriction:	No