R v Stanley

[2020] NSWDC 879

District Court

New South Wales

Medium Neutral Citation:

R v Stanley [2020] NSWDC 879

Hearing dates:

7 December 2020

Date of orders:

14 December 2020

Decision date:

14 December 2020

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Fixed sentence imposed one of 6 months imprisonment

Catchwords:

CRIME — Public order offences — Affray

Legislation Cited:

Crimes Act 1900 (NSW) s 93C

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 56

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Stephen Stanley (Offender)

Representation:

Counsel:
Ms Campbell (Crown)
Mr Zoutendijk (Offender)

Solicitors:

File Number(s):

2020/52197

Publication restriction:

Nil

SENTENCE

Introduction

1. The offender is to be sentenced having pleaded guilty to the following offence: on 1 September 2019 at Parklea, he used unlawful violence towards Siah Monchisada by conduct that would cause a person of reasonable firmness present at the scene to fear for his personal safety. That is the offence of affray under s 93C of the Crimes Act and has a maximum penalty of ten years imprisonment and there is no applicable standard non‑parole period.

The Facts

2. The facts are agreed and the Crown also tendered CCTV footage of the incident which gives rise to the charge and what follows is taken from the agreed facts and what I have been able to derive from the CCTV footage.

3. At approximately 9.07am on 1 September 2019, inmates from area 5 at Parklea Correctional Centre were being escorted through the 5 gate area towards the correctional centre’s chapel. There was a group of inmates being led through including Monchisada, Scoli, Shamim and this offender through the 5 gate area towards the clinic gate. As they go through the gate and come upon some legal visit boxes, Monchisada and Scoli can be seen to go behind the legal visit boxes. Mr Stanley is said to walk on and was in reasonable proximity to a Mr Shamim.

4. Following directions from correctional officers, Monchisada, Scoli and another unknown inmate walked from behind the legal visit boxes towards the clinic gate and N5 area and as they emerged, Mr Stanley was in that area. Shortly after that, and the whole incident takes a very short period of time, Mr Stanley seemed to walk over towards Monchisada and engage in a verbal exchange. The whole Crown case relies on the CCTV footage, nobody apart from the correctional officers, was prepared to make any statements about the matter which is commonly the case in gaol assaults.

5. Mr Stanley and Monchisada are observed to move closer together and continue with a verbal exchange. Scoli walked a short distance in front of them. As Monchisada and Mr Stanley continue to walk in the general direction of the clinic gate, they then engage in verbal discussion. Monchisada was approached by inmate Scoli. Mr Stanley is nearby. At one point, Scoli and Shamim are walking towards the clinic gate at the same time Monchisada and Mr Stanley moved to the centre of the 5 gate area and appeared to loiter at the back of…