District Court
New South Wales
Medium Neutral Citation: R v WOODEN [2019] NSWDC 263 Hearing dates: 17 June 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced to imprisonment – see [61]-[65]
Catchwords: CRIMINAL – sentencing - Wound with Intent – intellectual impairment – criminal history aggravating factor – effect of intellectual impairment on finding that the criminal history is an aggravating factor Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999Cases Cited: The Attorney General’s Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 (2002) 56 NSWLR 146
Brown v R [2014] NSWCCA 215
Bugmy v The Queen [2013] HCA 37
Hili & Jones v The Queen [2010] HCA 45
Jinette v R [2012] NSWCCA 217
McCullough v R [2009] NSWCCA 94
McNaughton v The Queen (2006) 66 NSWLR 566
Mitchell & Gallagher v The Queen (2007) 177 A Crim R 94
Muldrock v The Queen [2011] HCA 39
Nowak v R [2008] NSWCCA 89
SS v R [2016] NSWCCA 197
Tepania v R [2018] NSWCCA247
R v Tuala [2015] NSWCCA 8
Veen v The Queen (No. 2) (1988) 164 CLR 465Category: Sentence Parties: The Crown
Darren Richard WOODEN (The offender)Representation: Counsel:
Mr M P King counsel for the offender
Solicitors:
Mr A Dixon, for the Director of Public Prosecutions
Mr J Weir of Pennicott Weir Lawyers for the offender
File Number(s): 2018/268990 Publication restriction: none
Judgment
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The offender pleaded guilty at the Wagga Wagga Local Court on 20 February 2019 to one charge, namely that he (on or about) 30 August 2018 at Ashmont in the State of New South Wales, did wound Darren Thomas with intent to cause grievous bodily harm, contrary to s 33(1)(a) of the Crimes Act, 1900. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 17 June 2019. Accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.
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The maximum penalty for the offence for which the offender appears for sentence is 25 years imprisonment. Parliament has specified a standard non-parole period of seven years imprisonment in respect of that offence. As the matter carries a standard non-parole period I acknowledge that I am engaged in a one-step instinctive process in which two of the principal guideposts are the maximum penalty and the standard non-parole period.
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The offender asks the court when passing sentence in respect of the charge of Wound with Intent to Cause Grievous Bodily Harm to take into account two matters on a Form 1 document. In doing so I will need to apply the principles enunciated by the Court of Criminal Appeal in The Attorney General’s Application Pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No 1 of 2002, otherwise known as the Guideline Judgment on Form 1 matters, reported at (2002) 56 NSWLR 146.…
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- AGLC
- R v Wooden [2019] NSWDC 263
- Case
- [2019] NSWDC 263
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defendant's intellectual impairment should be considered in determining the weight of the aggravating factor of criminal history, and if so, how this should influence the sentencing. The court had to balance the need to consider the defendant's intellectual impairment against the need to appropriately reflect the seriousness of the crime and the defendant's criminal history in the sentencing. The court needed to decide if and how the defendant's intellectual impairment affected the assessment of the aggravating factor of criminal history and its impact on the overall sentence.
In delivering the judgment, the court noted that intellectual impairment could indeed impact the defendant's culpability and thus the sentencing. The court found that the intellectual impairment did not negate the aggravating factor of criminal history but did require a nuanced approach to sentencing. The court determined that while the criminal history was an aggravating factor, it needed to be balanced with the defendant's intellectual impairments. Ultimately, the court sentenced the defendant to imprisonment, considering both the seriousness of the offence and the mitigating effects of the intellectual impairment.
The final orders of the court were that the defendant be sentenced to imprisonment, with specific consideration given to the mitigating effect of the intellectual impairment. The sentencing was detailed in paragraphs [61] to [65] of the judgment. The court ensured that the sentence reflected both the gravity of the crime and the defendant's intellectual impairments.
Orders
Orders of the court
Sentenced to imprisonment – see [61]-[65]
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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