R v Kenneth Stephen RICHARDS;; R v Domenic AMUSO. [2020] NSWDC 258

District Court New South Wales

Medium Neutral Citation: R v Kenneth Stephen RICHARDS;; R v Domenic AMUSO. [2020] NSWDC 258 Hearing dates: 25 May 2020 Date of orders: 01 June 2020 Decision date: 01 June 2020 Jurisdiction: Criminal Before: Noman SC DCJ Decision: Amuso: Assault occasioning actual bodily harm in company - fixed term of 9 months imprisonment to date from 11 May 2019; Reckless wounding in company - 3 years and 9 months imprisonment with a non-parole period of 2 years to date from 11 July 2019. Overall sentence of 3 years and 11 months with an overall non-parole period of 2 years and 2 months. Richards: Assault occasioning actual bodily harm in company - fixed term of 1 year and 4 months imprisonment to date from 11 July 2019; Reckless wounding in company - 6 years and 7 months imprisonment with a non-parole period of 3 years and 7 months to date from 11 September 2019. Overall sentence of 6 years and 9 months with an overall non-parole period of 3 years and 9 months. Catchwords: Sentence - assault occasioning actual bodily harm in company - recklessly wounding in company – late pleas – CCTV – use of weapons – joint criminal enterprise – standard non-parole period – parity - special circumstances – onerous conditions during pandemic. Legislation Cited: Crimes Act 1900 (NSW) ss 59, 33, 35. Crimes (Sentencing Procedure) Act 1999 (NSW) s3A Category: Sentence Parties: Regina (Crown); Kenneth Stephen Richards (offender); Domenic Amuso (offender). Representation: Counsel: M Smith (Crown) P Massey (Richards) N Mikhaiel (Amuso) File Number(s): 2019/1479712019/147969 Publication restriction: Nil