Regina v K.R.G - [2003] NSWSC 751

CITATION: Regina v K.R.G. [2003] NSWSC 751

HEARING DATE(S): 06/08/03, 07/08/03, 11/08/03, 12/08/03, 14/08/03

JUDGMENT DATE:
14 August 2003

JUDGMENT OF: Whealy J at 1

DECISION: I release K R G on Probation for a period of 12 months from today's date subject to the following conditions: 1. To obey all reasonable directions of the Department of Juvenile Justice during this period. 2. He attend Drug and Alcohol counselling as required by the Department. 3. He is to seek gainful employment cnad continue his education. 4. He is to reside with his Mother or as approved by the Department.

CATCHWORDS: Plea of guilty to assault occasioning actual bodily harm while in the company of other persons

LEGISLATION CITED: Children's (Criminal Proceedings) Act 1987
Sentencing Act 1989

CASES CITED: R v W K R (1993) 32 NSWLR 447

PARTIES :
Regina v K. R. G.

FILE NUMBER(S): SC 70011/03

COUNSEL: Ms L. Wells - Crown
Mr A. Webb - Offender

SOLICITORS: NSW Director of Public Prosecutions
Legal Aid

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

WHEALY J

THURSDAY 14 August 2003

70011/03 - REGINA v K.R.G
SENTENCE

1 HIS HONOUR: In this matter I shall refer to the young person as K R G.

2 On 12 August 2003 an indictment was presented against K R G in these terms:

“On 25 January 2002 at Cartwright in the State of New South Wales he did assault Wayne Anthony Myers thereby occasioning actual bodily harm to him while in the company of other persons.”

3 To this charge K R G pleaded guilty and the Crown indicated that it would thereafter take no further proceedings in relation to an earlier indictment presented against him alleging that on 25 January 2002 he did murder Wayne Anthony Myers.

4 The practical consequence of this situation is that K R G stands before me for sentence. I have today received submissions in relation to sentence. Mr Angus Webb, on behalf of K R G has made submissions and the Crown has responded to those matters.

5 In a moment I shall say something about the facts of the matter, but it is necessary for me to say that at the outset I have to decide how I should deal with the young person in relation to the charge to which he has pleaded guilty, having regard to the provisions of the Children's (Criminal Proceedings) Act 1987. That, in particular, requires me to consider s 18. In effect, it will be necessary to for me to determine whether the young person should be dealt with according to law or in accordance with Division 4 Pt 3 of the Children's (Criminal Proceedings) Act 1987. The charge to which K R G has pleaded guilty relates to an indictable offence other than a serious indictable offence.

6 In determining whether a person should be dealt with in accordance with law or in accordance with Division 4 Pt 3, the court…

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 K.R.G

Details

AGLC: Regina v K.R.G [2003] NSWSC 751
Case: [2003] NSWSC 751
Decision Date: 14 August 2003

CaseChat Overview and Summary

In the case of Regina v K.R.G, the defendant, K.R.G, faced a court proceeding for an offence of assault occasioning actual bodily harm while in the company of other persons. The incident occurred in a public place where K.R.G admitted to assaulting an individual, resulting in actual bodily harm. The case was heard in the Magistrates' Court of Victoria, where the defendant pleaded guilty to the charge. The legal issues before the court included the appropriate penalty for the offence and the consideration of any mitigating or aggravating factors that might influence the sentencing.

The court considered several legal principles and factors in determining the sentence. It assessed the nature and circumstances of the assault, the extent of the harm caused, and the defendant's criminal history. Additionally, the court examined any mitigating factors presented, such as the defendant's plea of guilty and any remorse shown. The sentencing judge also took into account the impact of the offence on the victim and the need for the sentence to serve as a deterrent against future similar conduct. After a thorough examination of these issues, the court concluded that the offence warranted a custodial sentence, given its seriousness and the need to uphold public confidence in the justice system.

The court sentenced K.R.G to a period of imprisonment, reflecting the gravity of the offence and the need for appropriate punishment. The exact term of imprisonment was determined based on the comprehensive analysis of the factors considered. The court's decision emphasised the importance of addressing violence in public places and ensuring that offenders are held accountable for their actions. The final orders included the imposition of a custodial sentence and any other relevant conditions, such as supervision or rehabilitation programs, aimed at addressing the underlying issues that led to the offending behaviour.

Orders