R v Burton [2020] NSWDC 246

District Court New South Wales

Medium Neutral Citation: R v Burton [2020] NSWDC 246 Hearing dates: 26 May 2020 Date of orders: 26 May 2020 Decision date: 26 May 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 40 Catchwords: CRIMINAL LAW – severity appeal – assault occasioning actual bodily harm offence – impact of appellant's mental health on the offending and the sentence imposed Legislation Cited: Crimes Act 1900 (NSW), s 59 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 8, 21A Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 Khoury v R [2011] NSWCCA 118 Muldrock v The Queen (2011) 244 CLR 120 Category: Principal judgment Parties: Director of Public Prosecutions Mr J Burton Representation: Solicitors: Solicitor for the Director of Public Prosecutions Peninsula Law for the appellant File Number(s): 2019/327888 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Criminal Citation: Unreported Date of Decision: 12 February 2020 Before: Magistrate C M Franklin File Number(s): 2019/327888

Judgment

INTRODUCTION 1. This is a severity appeal from the sentence imposed upon the appellant by the Wyong Local Court on 12 February 2020 that he serve a Community Correction Order ('CCO') for a period of 2 years. 2. The appellant entered a plea to the charge that on 18 October 2019, at Killarney Vale, he assaulted Catherine Britt, thereby occasioning actual bodily harm to her, to wit, pushing her to the ground causing laceration to her right elbow (requiring 5 stitches) and a graze to her right ankle; this conduct being contrary to s 59(1) of the Crimes Act 1900 (NSW). 3. The maximum punishment for this offence, if tried on indictment, is 5 years' imprisonment. In the Local Court, the maximum punishment is 2 years' imprisonment and/or $5,500 fine.