The Queen v Evans [2019] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

The Queen v Evans [2019] NFSC 2 File number: SCC 3 of 2018

Judge: BESANKO CJ

Date of judgment: 27 September 2019

Catchwords: CRIMINAL LAW — where offender convicted for the offence of recklessly inflicting grievous bodily harm contrary to s 78(1) of the Criminal Code 2007 (NI) — where offender "glassed" complainant — where offender originally charged with intentionally inflicting grievous bodily harm contrary to s 77(1) of the Criminal Code — where offender pleaded guilty to recklessly inflicting grievous bodily harm CRIMINAL LAW — consideration of the appropriate sentence to be imposed — where the maximum penalty for the offence is 10 years imprisonment — where the parties correctly identified that a sentence of imprisonment must be imposed — consideration of comparable cases including Winch v R [2010] VSCA 141 and Director of Public Prosecutions v Giannoukas [2011] VSCA 296 CRIMINAL LAW — whether the sentence should be suspended in whole or in part under s 39 of the Sentencing Act 2007 (NI) — where seriousness of the offending points away from suspension — where there are a number of mitigating factors — where offender indicated guilty plea at earliest possible opportunity — where offender has no record of violence — where offender demonstrated remorse and contrition — where offender has slight chances of reoffending and good prospects of rehabilitation CRIMINAL LAW — whether the Court should make a compensation order pursuant to s 121 of the Sentencing Act

Legislation: Criminal Code 2007 (NI) ss 77, 78 Sentencing Act 2007 (NI) ss 5, 39, 121, 142