R v Traslavina

[2020] NSWDC 621

District Court

New South Wales

Medium Neutral Citation:

R v Traslavina [2020] NSWDC 621

Hearing dates:

2 October 2020

Date of orders:

16 October 2020

Decision date:

16 October 2020

Jurisdiction:

Criminal

Before:

Judge Weinstein SC

Decision:

I sentence the offender to a term of imprisonment of 24 months, less a 10% discount for his plea of guilty, or 21.6 months (or 21.5 months, rounding down), with a non-parole period of 11 months. For orders see [48].

Catchwords:

Sentence- reckless wounding with a knife- disputed facts hearing - called the ambulance and then absconded – turned himself in the next day– lack of insight - history of alcohol abuse – full time imprisonment – Intensive Corrections Order not appropriate

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Casella v R [2019] NSWCCA 201

Karout v R [2019] NSWCCA 253

Markarian v The Queen [2005] HCA 25

Muldrock v The Queen (2011) 244 CLR 120

R v Fangaloka [2019] NSWCCA 173

R v Pullen [2018] NSWCCA 264

Stevens v R [2017] NSWCCA 216

Category:

Sentence

Parties:

Regina (Crown)
Felipe Alfonso Traslavina (Defence)

Representation:

Ms K James (Crown)
Mr G Wendler (Defence)

File Number(s):

2018/351374

Judgment

1. The offender Felipe Alfonso Traslavina, born in 1978, is before the court for sentence for one count of reckless wounding, contrary to section 35(4) of the Crimes Act 1900, for which the maximum penalty is 7 years imprisonment and the standard non-parole period is 3 years.

2. There were several disputes about the facts upon which I should sentence the offender which were resolved by me at the hearing. The facts, at sentence, are as follows:-

1. The victim, Adrian Samuel, and the offender have known each other for a number of years. The victim is a self-employed roof tiler who employed the offender to assist on jobs. At the time of the offence, the offender had been employed by the victim for a few days per week on an ad hoc basis.

2. Between 8.00 am and 4.00 pm on Tuesday 13 November 2018, the offender had completed a full workday for and with the victim at Leppington without incident.

3. On returning home the victim assessed his upcoming workload. He then contacted the offender via his mobile phone and advised that he would not be required to work the next day. The offender responded saying 'You stuffed my week up. I had plans to do something with the money.' During the call, the victim offered to transfer two days pay to the offender to assist him.

4. The offender sent a number of abusive texts to the victim who responded, resulting in a heated text exchange between the two men.

5. As the victim owed the offender $500.00 in wages for work completed on 12 and 13 November 2018, he arranged to meet the offender to address the issues raised over the telephone and text messages and to pay the offender the money owed.

6. They agreed to meet at the local shops on Mannix Parade,…