R v Attard [2020] NSWDC 443

District Court New South Wales

Medium Neutral Citation: R v Attard [2020] NSWDC 443 Hearing dates: 30 June, 1 July 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: Aggregate Sentence: Head 6 years NPP 4 years – Referral to Drug Court. Breach of CCOs: 1 month's imprisonment. Driving offences: s10A, DQ from driving 1 year. Catchwords: CRIME – SENTENCE Two substantive crimes: (1) taking a motor vehicle without the consent of the owner, with the occupant of the vehicle still inside it, aggrevated by inflicting actual bodily harm on the occupant: Crimes Act 1900, s154C(2); (2) reckless wounding: Crimes Act 1900 s 35(4). Three offences on s166 Certificate: (3) intentionally damaging property at St George Hospital; (4) driving whilst unlicensed; (5) driving recklessly. A call-up for breach of Community Corrections Orders for (6) resisting 2 police officers in the execution of their duty. 25 year old man at the time of offences (1) to (5) - Recently released from custody on parole - Found by police in need of care because of substantial illicit drug intake - Shortly before discharge from hospital damages hospital property - Shortly after that escapes from custody of hospital security guard and "hijacks" victim's car and required her drive him away, intending to go to another suburb - During course of journey, offender punches victim 3 times on left side of face, causing pain, swelling and bruising - Later, offender stabs victim with a multi-tool wounding her in the face 3 times, another wound in front of her left ear and a fith wound in her neck – Victim manages to escape from car when it was stationary – Offender starts to drive car but soon collides with another vehicle and then crashes into a brickwall – Offender is a drug addict with lengthy criminal history – Background of disadvantage and social deprivation – A "Bugmy" submission accepted – Guarded prospects for rehabilitation without compulsory drug treatment in custody or a special residential rehabilitation course on parole. For (1) & (2) aggregate sentence: Head 6 years NPP 4 years – Referral to Drug Court For (3) to (5) s10A only; 1 year DQ from driving. For (6) additional one month's imprisonment before commencement of aggregate sentence. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Court Act 1998 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Barker; R v Gibson [2006] NSWCCA 20 R v Wood [2015] NSWCCA 231 Spark v R [2012] NSWCCA 140 Category: Sentence Parties: Regina – Crown Sonny Attard - Offender Representation: Counsel: C. Young – Crown R. Khalilzadeh – Offender