R v Whittall

[2022] NSWDC 664

District Court

New South Wales

Medium Neutral Citation:

R v Whittall [2022] NSWDC 664

Hearing dates:

11 August 2022

Date of orders:

11 August 2022

Decision date:

11 August 2022

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, I order the offender to comply with a community corrections order for a period of 12 months commencing today: [19].

Catchwords:

CRIME – Affray

SENTENCING - Relevant factors on sentence - plea offer in the Local Court refused but later accepted - custodial sentence warranted but pragmatism and community interest considerations should prevail - Bugmy factors

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

R v Whittall [2020] NSWDC 146

Category:

Sentence

Parties:

Chaise Whittall (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Ms M Fernando (for the offender)

Solicitors:
Morrisons Law (for the offender)
Mr L McGonigal (Director of Public Prosecutions)

File Number(s):

2021/00051823

SENTENCE – EX TEMPORE REVISED

1. When Chaise Whittall was before me on 24 April 2020, despite the seriousness of the offence, intimidation, I gave him an opportunity to avoid going to gaol and placed him on an Intensive Correction Order for a period of 1 year 6 months: see R v Whittall [2020] NSWDC 146. It would appear from the material before me that he did engage with Community Corrections and his progress was reasonably satisfactory. He, however, blotted that copybook by getting involved in an ugly incident at a Wollongong club.

2. The genesis of the dispute was a car that had been left with the offender by the victim while that person was in custody. That car was damaged and the victim, the owner of the car, on his release, blamed Whittall’s co‑offender for the damage.

3. On 17 February 2021 there was a verbal altercation between the co‑offender, the victim, and Whittall at a local club. That altercation continued outside the club. Whittall punched the victim to the side of the face. The co‑offender lunged at the victim with a knife. The victim was injured.

4. A serious charge of reckless wounding causing actual bodily harm was laid against Mr Whittall. He said he was not guilty of that charge. He was also charged with affray: s 93(c)(1) Crimes Act 1900. He offered to plead to that count in the Local Court. That plea was not accepted. It was ultimately accepted when an indictment was put before this Court this year. If the matter had been accepted in the Local Court, it is likely it would have been dealt with in the Local Court.

5. As a consequence of his being charged with the reckless wounding offence the NSW State Parole Authority breached his Intensive Correction Order (ICO). One reason for that breach was that he was bail refused in relation to the serious count and he could not meet the conditions of his ICO while he was in custody. He served the…