NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Histon [2020] NSWDC 700 Hearing dates: 02 November 2020 Date of orders: 02 November 2020 Decision date: 02 November 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 3 years 2 months with a non-parole period of 2 years 1 month Catchwords: CRIME — Violent offences — Recklessly cause actual bodily harm SENTENCING — Penalties — Imprisonment SENTENCING — Sentencing procedure — Expert reports SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP (C'th) v De La Rosa [2010] NSWCCA 194 Muldrock v The Queen [2011] HCA 39 R v Presser [1959] VR 45 Tepania v The Queen [2018] NSWCCA 247 Veen v R (No. 2) [1988] HCA 14 Category: Sentence Parties: Regina (Crown) Thomas Victor Histon (Offender) Representation: Heidi Cantor (Crown) Sharon Ramsden (solicitor for the Offender)
Director of Public Prosecutions (NSW) (Crown) Marsdens Law Group (Offender) File Number(s): 2018/00329670
REVISED EX TEMPORE JUDGEMENT
Introduction 1. Thomas Victor Histon pleaded guilty in the District Court in Sydney on 4 September 2020 to a charge contrary to s 35(4) Crimes Act 1900 expressed in the following terms: that he on 27 October 2018, in Surry Hills in the State of New South Wales, did wound [the victim] and was reckless as to causing actual bodily harm to [the victim].
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