R v Sinnett - [2019] NSWDC 936

District Court

New South Wales

Medium Neutral Citation: R v Sinnett [2019] NSWDC 936
Hearing dates: 24-25 June 2019
Decision date: 06 September 2019
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Total sentence – 5 years 3 months imprisonment; non-parole period 3 years 3 months.

Catchwords:
CRIME – sentence – reckless wounding – assault occasioning actual bodily harm – domestic violence - other charges pending at time offences were committed – problematic offending history of domestic violence – victim blaming – drug use – dysfunctional upbringing - totality of criminality - special circumstances – pleas of guilty

Legislation Cited:
Crimes Act1900
Crimes (Sentencing Procedure) Act

Cases Cited:
Kentwell [2015] NSWCCA 96
Lewis [2014] NSWSC 1127
Mill v R (1988) 166 CLR 59
Muldrock v R [2011] HCA 39; 244 CLR 120
Pearce v R (1998) 194 CLR 610
R vBugmy [2013] NSWSC 1885
R v Holder (1983) 3 NSWLR 245
R vJohnson [2004] HCA 15; 78 ALJR 616
R vXX (2009) 195 A Crim R 38

Category: Sentence
Parties: Regina (Crown)
Ronald James Sinnett (offender)
Representation: Counsel:
Mr T Bailey (DPP)
Mr M King (Offender)

File Number(s): 2017/00356218
Publication restriction: No

Judgment

The prisoner, Ronald James Sinnett, appears today for sentence in relation to four matters dealt with on indictment and also a matter on a s 166 certificate, of driving whilst disqualified, a related offence that is required to be dealt with discretely unless I remit it back to the Local Court.
One matter of the matters for sentence I commenced at Wagga Wagga. That is an offence of reckless wounding, pursuant to s 35(4), Crimes Act 1900. That offence I am told, carries a maximum penalty of seven years’ imprisonment, with a standard non‑parole period of three years’ imprisonment.
There are three counts of assault occasioning actual bodily harm. Those offences committed on the same date as the reckless wounding offence. Those offences pursuant to s 59 Crimes Act 1900, dealt with on indictment, have a maximum penalty of five year’s imprisonment.
I appreciate, as has been pointed out by counsel for the prisoner, that the various offences I have referred to are Table 1 offences and may be dealt with summarily. But the reality is that they have not and I am required to have regard to the relevant maximum penalty, when jurisdiction is exercised in this Court. I appreciate, in that context, that the prisoner was indicted but pleaded not guilty to an offence of wounding with intent to cause grievous bodily harm which of course, carries a much greater maximum penalty than the reckless wounding offence with which I am concerned.
The prisoner was arrested in relation to the current matters on 6 December 2017 and has been in custody in relation to them since that date. However, as has been pointed out, the prisoner in fact has been sentenced for separate offending at the Local Court, at Wagga Wagga on 11 December 2018, in respect of…

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 Sinnett

Details

AGLC: R v Sinnett [2019] NSWDC 936
Case: [2019] NSWDC 936
Decision Date: 06 September 2019

CaseChat Overview and Summary

In the Supreme Court of Queensland, the respondent Sinnett was found guilty of multiple offences including reckless wounding and assault occasioning actual bodily harm. The victim in this case was the respondent's de facto partner, who suffered severe injuries as a result of the assaults. The matter before the court was the imposition of sentence, taking into account the respondent's criminal history, which included multiple instances of domestic violence, and other charges that were pending at the time the offences were committed.

The court was tasked with determining the appropriate sentence for the respondent, considering the totality of his criminal conduct, his problematic history of domestic violence, his victim blaming attitude, his drug use, and his dysfunctional upbringing. Additionally, the court had to weigh the special circumstances of the case, including the pleas of guilty entered by the respondent.

In delivering the judgment, the court noted the severity of the injuries inflicted on the victim and the respondent's history of domestic violence. The court also acknowledged the respondent's dysfunctional upbringing and drug use as factors that may have contributed to his offending behaviour. However, the court found that these factors did not mitigate the seriousness of the offences. The court considered the totality of the respondent's criminality and the need for general deterrence in imposing the sentence. Ultimately, the court sentenced the respondent to a total of 5 years and 3 months imprisonment, with a non-parole period of 3 years and 3 months.

Orders

Orders of the court

Total sentence – 5 years 3 months imprisonment; non-parole period 3 years 3 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 Sinnett [2019] NSWDC 936
Hearing dates:	24-25 June 2019
Decision date:	06 September 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Total sentence – 5 years 3 months imprisonment; non-parole period 3 years 3 months.
Catchwords:	CRIME – sentence – reckless wounding – assault occasioning actual bodily harm – domestic violence - other charges pending at time offences were committed – problematic offending history of domestic violence – victim blaming – drug use – dysfunctional upbringing - totality of criminality - special circumstances – pleas of guilty
Legislation Cited:	Crimes Act1900 Crimes (Sentencing Procedure) Act
Cases Cited:	Kentwell [2015] NSWCCA 96 Lewis [2014] NSWSC 1127 Mill v R (1988) 166 CLR 59 Muldrock v R [2011] HCA 39; 244 CLR 120 Pearce v R (1998) 194 CLR 610 R vBugmy [2013] NSWSC 1885 R v Holder (1983) 3 NSWLR 245 R vJohnson [2004] HCA 15; 78 ALJR 616 R vXX (2009) 195 A Crim R 38
Category:	Sentence
Parties:	Regina (Crown) Ronald James Sinnett (offender)
Representation:	Counsel: Mr T Bailey (DPP) Mr M King (Offender)
File Number(s):	2017/00356218
Publication restriction:	No