Regina v John Charles Hordern - [2016] NSWDC 230

District Court

New South Wales

Medium Neutral Citation: Regina v John Charles Hordern [2016] NSWDC 230
Hearing dates: 15 July 2016
Date of orders: 29 July 2016
Decision date: 29 July 2016
Jurisdiction: Criminal
Before: Judge AC Scotting
Decision:
1. The offender is convicted.
2. The offender is sentenced to a term of imprisonment of six years with a non-parole period of four years to date from 29 August 2015. The offender is eligible to be released on parole on 28 August 2019.

Catchwords: CRIMINAL LAW – assault – wounding with intent to cause grievous bodily harm - wounding
SENTENCE – plea of guilty – general deterrence – specific deterrence – mitigating factors – aggravating factors – use of dangerous weapon – violence – injury to victim – criminal history – standard non-parole period – special circumstances
OTHER – offender – background – use of illicit drugs –methyl-amphetamine – history of drug use – offending – effect of mental illness – depression – physical difficulties – health of offender
Legislation Cited: Crimes Act 1900 s 33(1)(a)
Crimes (Sentencing Procedure) Act 1999 ss, 5, 21A(2)(c), 21A(2)(d), 21A(2)(eb), 21A(3)(h), 21A(3)(i), 21A(3)(k), 22
Cases Cited: Veen v R (No 2) (1988) 164 CLR 465
R v McNaughton (2006) 66 NSWLR 566
Baumer v R (1988) 166 CLR 51
BW v R [2011] NSWCCA 176
R v Wilkinson (No 5) [2009] NSWSC 432
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Borkowski (2009) 195 A Crim R 1
Barbaro v The Queen (2010) 253 CLR 58
Hili v The Queen (2010) 242 CLR 520
Palijan v R [2010] NSWCCA 142
R v Scognamiglio (1991) 56 A Crim R 81
R v Wright (1997) 93 A Crim R 48 and
R v Lawrence [2005] NSWCCA 91
R v Mitchell (2007) 177 A Crim R 97
R v Matzick [2007] NSWCCA 92
R v Esho [2001] NSWCCA 415
R v Zhang [2004] NSWCCA 358
R v Watt (Unreported, 2 April 1997, NSWCCA
R v Muldrock (2011) 244 CLR 120
R v Henry (1999) 46 NSWLR 346
R v Todorovic [2008] NSWCCA 49
R v Engert (1995) 84 A Crim R 67
R v Dickinson [2004] NSWCCA 457
R v Hampton [1999] NSWCCA 341
R v Proter [2015] NSWCCA 270
Newman v R [2015] NSWCCA 270
Category: Sentence
Parties: Regina (Crown)
John Charles Horden (Offender)
Representation:
Counsel:
Solicitors:
C Hyland, Solicitor for Public Prosecutions (Crown)
Aboriginal Legal Service (NSW/ACT) Limited

File Number(s): 2015/000253600

sentence

John Charles Hordern the offender appears for sentence after he pleaded guilty in the Local Court to one count of wound with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900. The maximum penalty for the offence is 25 years imprisonment. The offence also carries a standard non-parole period of seven years.
The parties presented an agreed statement of facts that can be summarised as follows:
The offender had known the victim Kenneth Sharwood for about four months, they were both residents of…

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.

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Details

Case: [2016] NSWDC 230
Decision Date: 29 July 2016

CaseChat Overview and Summary

The appellant, John Charles Hordern, was convicted of assault occasioning actual bodily harm. The incident involved the use of a dangerous weapon, resulting in significant injury to the victim. The case was heard in the Supreme Court of New South Wales. The appellant pleaded guilty to the charge, and the court proceeded to determine the appropriate sentence.

The court had to consider several legal issues, including the nature and circumstances of the assault, the use of a dangerous weapon, the extent of the injuries sustained by the victim, and the appellant's criminal history. Additionally, the court examined mitigating factors such as the appellant's background, drug use, and mental health issues, as well as aggravating factors like the violence of the offence and the potential for general and specific deterrence.

In delivering the sentence, the court emphasised the gravity of the offence, noting the use of a dangerous weapon and the severity of the injuries inflicted. The court acknowledged the appellant's history of drug use and mental health issues but found that these did not sufficiently mitigate the seriousness of the crime. The court also considered the need for deterrence and the appellant's potential for rehabilitation. Ultimately, the court determined that a sentence of six years imprisonment, with a non-parole period of four years, was appropriate, taking into account the factors discussed.

The final orders of the court were that the appellant be convicted and sentenced to a term of imprisonment of six years, with a non-parole period of four years. The appellant is eligible for release on parole from 28 August 2019.

Orders

Orders of the court

1. The offender is convicted.

2. The offender is sentenced to a term of imprisonment of six years with a non-parole period of four years to date from 29 August 2015. The offender is eligible to be released on parole on 28 August 2019.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Regina v John Charles Hordern [2016] NSWDC 230
Hearing dates:	15 July 2016
Date of orders:	29 July 2016
Decision date:	29 July 2016
Jurisdiction:	Criminal
Before:	Judge AC Scotting
Decision:	1. The offender is convicted. 2. The offender is sentenced to a term of imprisonment of six years with a non-parole period of four years to date from 29 August 2015. The offender is eligible to be released on parole on 28 August 2019.
Catchwords:	CRIMINAL LAW – assault – wounding with intent to cause grievous bodily harm - wounding SENTENCE – plea of guilty – general deterrence – specific deterrence – mitigating factors – aggravating factors – use of dangerous weapon – violence – injury to victim – criminal history – standard non-parole period – special circumstances OTHER – offender – background – use of illicit drugs –methyl-amphetamine – history of drug use – offending – effect of mental illness – depression – physical difficulties – health of offender
Legislation Cited:	Crimes Act 1900 s 33(1)(a) Crimes (Sentencing Procedure) Act 1999 ss, 5, 21A(2)(c), 21A(2)(d), 21A(2)(eb), 21A(3)(h), 21A(3)(i), 21A(3)(k), 22
Cases Cited:	Veen v R (No 2) (1988) 164 CLR 465 R v McNaughton (2006) 66 NSWLR 566 Baumer v R (1988) 166 CLR 51 BW v R [2011] NSWCCA 176 R v Wilkinson (No 5) [2009] NSWSC 432 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Barbaro v The Queen (2010) 253 CLR 58 Hili v The Queen (2010) 242 CLR 520 Palijan v R [2010] NSWCCA 142 R v Scognamiglio (1991) 56 A Crim R 81 R v Wright (1997) 93 A Crim R 48 and R v Lawrence [2005] NSWCCA 91 R v Mitchell (2007) 177 A Crim R 97 R v Matzick [2007] NSWCCA 92 R v Esho [2001] NSWCCA 415 R v Zhang [2004] NSWCCA 358 R v Watt (Unreported, 2 April 1997, NSWCCA R v Muldrock (2011) 244 CLR 120 R v Henry (1999) 46 NSWLR 346 R v Todorovic [2008] NSWCCA 49 R v Engert (1995) 84 A Crim R 67 R v Dickinson [2004] NSWCCA 457 R v Hampton [1999] NSWCCA 341 R v Proter [2015] NSWCCA 270 Newman v R [2015] NSWCCA 270
Category:	Sentence
Parties:	Regina (Crown) John Charles Horden (Offender)
Representation:	Counsel: Solicitors: C Hyland, Solicitor for Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) Limited
File Number(s):	2015/000253600