Regina v GS - [2006] NSWDC 15

CITATION: Regina v GS [2006] NSWDC 15

JUDGMENT DATE:
8 September 2006

JUDGMENT OF: Nicholson SC DCJ

DECISION: Maliciously inflict grievous bodily harm in company.; Conviction. Sentenced to imprisonment.; 9 months non-parole and 15 month balance of term.; Pursuant to s12 of C (SP) Act suspend sentence. ; S12 bond 2 years to commence 8 September 2006.; Be of good behaviour.; Provide Registry your present address.; Notify Registry in any change of address.; Answer to this Court for any reach that is set.; Accept supervision by Juvenile Justice and in particular by Stanmore Intensive Program Unit.; Reside at an address selected by Juvenile Justice.; Participate in counselling (individual, or family provided family members are willing) and group work as directed by Juvenile Justice.; Attend alcohol and other drug programs or treatment by Juvenile Justice.; Submit random drug testing and as required by Juvenile Justice 5 times monthly for 9 months and there after as directed by Juvenile Justice.; Maintain and/or seek education, training including apprenticeship training and/or employment, traineeship as approved by Juvenile Justice and in condition with your person and parents.; Participate in 10 hours of structured physical exercise weekly for the next 9 months. ; Juvenile Justice to report any breach of bond to this court within 24 hours.; Supply prohibited drug; S166 Criminal Children’s Act, 33 (1) (b) – for a period of 12 months.; Goods in custody; S166 Criminal Children’s Act, 33 (1) (b) – bond 6 months.; PSSH DR; S166 Criminal Children’s Act, 33 (1) (b) possessing prohibited drugs – s12 bond.

CATCHWORDS: Criminal law - Sentence - juvenile - Maliciously inflict grievous bodily harm in company – weapon – knife – unprovoked attack – drug and alcohol abuse – impaired behaviour and emotional control – contrition – strong rehabilitation prior good character – early plea – good rehabilitation prospects – suspended sentence

LEGISLATION CITED: Children (Criminal Proceedings) Act 1987
Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Galdue [1999] 1 SCR 688 at [80]
R v Cuthbert [1967] 2 NSWLR 329
R v Rushby [1997] 1 NSWLR 594
R v Hayes [1984] 1 NSWLR 740
R v Buttsworth [1983] NSWLR 658
GDP (1991) 53 AcrR 112
Roger v Simons 543 US 2005 at pp15-16
R v Thompson and Houlton (2000) 49 NSWLR 383

PARTIES: A Haesler (SC) (Defence)
P Jassy (Crown)

FILE NUMBER(S): 06/11/0539

Judgment

HIS HONOUR: This is the matter of GS. S 11 of the Children (Criminal Proceedings) Act1987 prohibits the publication of the name of the offender and nothing must be published which identifies him or could lead to his identification.

1. When sentencing an offender for a criminal offence the task of the sentencing judge is to resolve a number of competing tensions. The resolution of those tensions must ultimately find its expression in the sentence imposed by the Court upon this offender for the harm done to this victim, in this community, see R v Gladue [1999] 1 SCR 688 at [80] . Many tensions in this…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Regina v GS

Details

AGLC: Regina v GS [2006] NSWDC 15
Case: [2006] NSWDC 15
Decision Date: 8 September 2006

CaseChat Overview and Summary

In Regina v GS, the defendant faced charges of maliciously inflicting grievous bodily harm in company while armed with a knife, during an unprovoked attack. The case was heard in the relevant court where the defendant's youth, substance abuse issues, impaired emotional control, and prior good character were considered. The court also took into account the defendant's early plea and strong rehabilitation prospects. The primary legal issues centred on the appropriate sentence considering the defendant's age, the nature of the crime, and the mitigating factors presented.

The court examined the statutory provisions and case law regarding sentencing of juveniles, particularly focusing on the principles of rehabilitation and deterrence. Given the unprovoked nature of the attack and the use of a weapon, the court recognised the seriousness of the offence. However, the mitigating factors, including the defendant's contrition, early plea, and prospects for rehabilitation, were also weighed. The court decided that a sentence that balanced punishment with rehabilitation was most appropriate. Consequently, the court sentenced the defendant to imprisonment with a non-parole period of nine months and a total term of 15 months. The sentence was suspended under section 12 of the Children (Sentence Procedure) Act, subject to a bond with stringent conditions including supervision, drug testing, and participation in rehabilitation programs.

The final orders included the defendant's conviction and the specific conditions of the suspended sentence. The defendant was required to adhere to a bond for two years, provide regular updates to the court, participate in various rehabilitation programs, and submit to random drug testing. The court also imposed additional conditions such as maintaining education or employment, participating in physical exercise, and reporting to Juvenile Justice for any breaches. The orders reflect a balanced approach that aims to rehabilitate the defendant while ensuring public safety.

Orders

Orders of the court

Maliciously inflict grievous bodily harm in company.; Conviction. Sentenced to imprisonment.; 9 months non-parole and 15 month balance of term.; Pursuant to s12 of C (SP) Act suspend sentence. ; S12 bond 2 years to commence 8 September 2006.; Be of good behaviour.; Provide Registry your present address.; Notify Registry in any change of address.; Answer to this Court for any reach that is set.; Accept supervision by Juvenile Justice and in particular by Stanmore Intensive Program Unit.; Reside at an address selected by Juvenile Justice.; Participate in counselling (individual, or family provided family members are willing) and group work as directed by Juvenile Justice.; Attend alcohol and other drug programs or treatment by Juvenile Justice.; Submit random drug testing and as required by Juvenile Justice 5 times monthly for 9 months and there after as directed by Juvenile Justice.; Maintain and/or seek education, training including apprenticeship training and/or employment, traineeship as approved by Juvenile Justice and in condition with your person and parents.; Participate in 10 hours of structured physical exercise weekly for the next 9 months. ; Juvenile Justice to report any breach of bond to this court within 24 hours.; Supply prohibited drug; S166 Criminal Children’s Act, 33 (1) (b) – for a period of 12 months.; Goods in custody; S166 Criminal Children’s Act, 33 (1) (b) – bond 6 months.; PSSH DR; S166 Criminal Children’s Act, 33 (1) (b) possessing prohibited drugs – s12 bond.

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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CITATION:	Regina v GS [2006] NSWDC 15
JUDGMENT DATE:	8 September 2006
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Maliciously inflict grievous bodily harm in company.; Conviction. Sentenced to imprisonment.; 9 months non-parole and 15 month balance of term.; Pursuant to s12 of C (SP) Act suspend sentence. ; S12 bond 2 years to commence 8 September 2006.; Be of good behaviour.; Provide Registry your present address.; Notify Registry in any change of address.; Answer to this Court for any reach that is set.; Accept supervision by Juvenile Justice and in particular by Stanmore Intensive Program Unit.; Reside at an address selected by Juvenile Justice.; Participate in counselling (individual, or family provided family members are willing) and group work as directed by Juvenile Justice.; Attend alcohol and other drug programs or treatment by Juvenile Justice.; Submit random drug testing and as required by Juvenile Justice 5 times monthly for 9 months and there after as directed by Juvenile Justice.; Maintain and/or seek education, training including apprenticeship training and/or employment, traineeship as approved by Juvenile Justice and in condition with your person and parents.; Participate in 10 hours of structured physical exercise weekly for the next 9 months. ; Juvenile Justice to report any breach of bond to this court within 24 hours.; Supply prohibited drug; S166 Criminal Children’s Act, 33 (1) (b) – for a period of 12 months.; Goods in custody; S166 Criminal Children’s Act, 33 (1) (b) – bond 6 months.; PSSH DR; S166 Criminal Children’s Act, 33 (1) (b) possessing prohibited drugs – s12 bond.
CATCHWORDS:	Criminal law - Sentence - juvenile - Maliciously inflict grievous bodily harm in company – weapon – knife – unprovoked attack – drug and alcohol abuse – impaired behaviour and emotional control – contrition – strong rehabilitation prior good character – early plea – good rehabilitation prospects – suspended sentence
LEGISLATION CITED:	Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	R v Galdue [1999] 1 SCR 688 at [80] R v Cuthbert [1967] 2 NSWLR 329 R v Rushby [1997] 1 NSWLR 594 R v Hayes [1984] 1 NSWLR 740 R v Buttsworth [1983] NSWLR 658 GDP (1991) 53 AcrR 112 Roger v Simons 543 US 2005 at pp15-16 R v Thompson and Houlton (2000) 49 NSWLR 383
PARTIES:	A Haesler (SC) (Defence) P Jassy (Crown)
FILE NUMBER(S):	06/11/0539