R v Loveridge [2020] NSWDC 256

District Court New South Wales

Medium Neutral Citation: R v Loveridge [2020] NSWDC 256 Hearing dates: 15 May 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Fixed-term of 12 months to commence on 18 June 2022 and expire 17 June 2023 Catchwords: CRIME — Violent offences — Assault occasioning actual bodily harm – Assault in custody – Provocation – Duress as mitigation – diminished moral culpability Legislation Cited: Correctional Centres Act 1952 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Prisons Act 1952 Cases Cited: R v Abusafiah (1991) 24 NSWLR 531 R v Fyffe [2002] NSWCS 751 R v Kuruppu [2018] NSWDC 322 R v Loveridge [2013] NSWSC 1638 R v Loveridge [2014] NSWCCA 120 R v Windle [2012] NSWCCA 222 Texts Cited: Report of the Inquiry into the Central Industrial Prison, August 1988 (Judge A.G. Muir Q.C.) Category: Sentence Parties: Regina (Crown) Kieran Loveridge (Offender) Representation: Counsel: Mr A. Djemal (Counsel for the Offender) Ms M. Knowles (DPP) File Number(s): 2018/00096771 Publication restriction: 2018/00096771

Judgment 1. Kieran Loveridge appears for sentence following his plea of guilty to one charge of assault occasioning actual bodily harm contrary to the provisions of section 59(1) of the Crimes Act 1900. Such an offence carries a maximum penalty of five years imprisonment. There is no standard non-parole period. The offence was committed on 26 February 2018. Mr Loveridge entered a plea of guilty in the Local Court and was committed to the District Court for sentence. In the circumstances his plea of guilty attracts a reduction of 25% from an otherwise appropriate sentence. 2. The circumstances in which the offence was committed were both unusual and highly unfortunate.