R v Young

Case [2024] NSWDC 24


District Court


New South Wales

Medium Neutral Citation: R v Young [2024] NSWDC 24
Hearing dates: 13 December 2023 and 16 February 2024
Date of orders: 23 February 2024
Decision date: 23 February 2024
Jurisdiction:Criminal
Before: Fitzsimmons SC DCJ
Decision:

(1)   The offender, having pleaded guilty, is convicted of the offence.

(2)   I impose a sentence of imprisonment of 2 years 6 months to date from 28 October 2022 and to expire on 27 April 2025.

(3)   I impose a non-parole period of 1 year 6 months to date from 28 October 2022 and expiring on 27 April 2024.

(4)   The earliest date the offender is eligible to be released on parole is 27 April 2024.

Catchwords:

CRIME – sentencing - reckless grievous bodily harm in company - co-offender – joint criminal enterprise - victim impact statement – substantial emotional harm - whether aggravating factors – Bugmy principles – De La Rosa principles

Legislation Cited:

Crimes Act1900, s 35(1)

Crime (Sentencing Procedure) Act 1999, ss 3A(g) 10A, 21A(2)(g)

Cases Cited:

Alkanaan v R [2017] NSWCCA 56

Bugmy v The Queen [2013] 249 CLR 571; [2013] HCA 37

DC v R [2023] NSWCCA 82

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1

Dungay v R [2020] NSWCCA 209

Giles-Adams v R; Preca v R [2023] NSWCCA 122

Huynh v R [2015] NSWCCA 179

Josefski v R [2010] NSWCCA 41

KR v R [2012] NSWCCA 32

Luque v R [2017] NSWCCA 226

Muldrock v R (2011) 244 CLR 120

R v Wickham [2004] NSWCCA 193

Ryan v Regina [2017] NSWCCA 209

Category:Sentence
Parties: Rex
Nathan Young
Representation:

Counsel:
Mr D Mulligan (Offender)

Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Legal Aid (NSW) (Offender)
File Number(s): 2022/323183
Publication restriction: None

REMARKS ON SENTENCE

  1. The offender was committed for sentence from Nowra Local Court on 6 October 2023 having entered a plea of guilty to a single offence of reckless grievous bodily harm in company contrary to s 35(1) of the Crimes Act1900. The maximum penalty for the offence of 14 years, with a standard non-parole period of 5 years is an indication of the seriousness of the charge and acts as a sentencing guidepost or reference point.

  2. Admitted on behalf of the Crown were the following: –

  • C1- Notice of committal

  • C2- Charge certificate and court attendance notice

  • C4- Agreed statement of facts

  • C5- Criminal history

  • C6- Custodial history

  • C7- Breach of parole documents

  • C8- Witness impact statement with annexures

  • C9- Expert Certificate and statement of Dr Methven

  • C10- Expert Certificate and statement of Dr Liu dated 12 January 2024

  • C11- 2x Report of Dr Liu dated 2 March 2023 and report of Dr McFarlen dated 9 August 2023

  • C12- Expert Certificate and report of Dr McCall

  • C13- Statement of Detective Senior Constable Michael Ricketts dated 12 February 2024

  • C14- Bundle of progress medical notes

  1. Admitted on behalf of the offender was a report of Ivanka Manoski, psychologist dated 15 November…

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Details
AGLC
R v Young [2024] NSWDC 24
Case
[2024] NSWDC 24
Decision Date

CaseChat Overview and Summary

In the case of R v Young, the defendant was convicted of recklessly causing grievous bodily harm in company, a serious criminal offence. The incident took place in a public place, and the victim sustained substantial physical and emotional harm. The offender pleaded guilty and was sentenced by the court. The case brought before the court raised questions about the appropriate sentence for the offence, particularly in light of the victim’s substantial emotional harm, the principles set out in Bugmy v R, and De La Rosa v R.

The court had to decide whether the offender's actions constituted aggravating factors that warranted a more severe sentence. The victim's substantial emotional harm was considered, along with the principles established in Bugmy v R, which highlight the importance of considering the impact of a crime on the victim in sentencing. The court also needed to apply the principles from De La Rosa v R, which focus on the individual circumstances of the offender and the offence. The court examined these factors in determining the appropriate sentence.

The court considered the gravity of the offence and the substantial emotional harm suffered by the victim. It concluded that the offender's actions warranted a sentence of imprisonment. The court imposed a sentence of two years and six months, with a non-parole period of one year and six months. The court set the earliest date for parole eligibility as 27 April 2024. The court found that this sentence appropriately balanced the need for punishment and deterrence with the principles of sentencing outlined in Bugmy and De La Rosa.

Orders

Orders of the court

(1) The offender, having pleaded guilty, is convicted of the offence.

(2) I impose a sentence of imprisonment of 2 years 6 months to date from 28 October 2022 and to expire on 27 April 2025.

(3) I impose a non-parole period of 1 year 6 months to date from 28 October 2022 and expiring on 27 April 2024.

(4) The earliest date the offender is eligible to be released on parole is 27 April 2024.

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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