R v Guinness (a pseudonym) [2021] NSWDC 57

District Court New South Wales

Medium Neutral Citation: R v Guinness (a pseudonym) [2021] NSWDC 57 Hearing dates: 27 January 2021 Decision date: 27 January 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 4 years 1 month. Non parole period of 2 years 2 months. Catchwords: CRIME – Sentencing - aggravated detain with intent to obtain an advantage SENTENCING — Relevant factors on sentence — objectively serious offence committed in custody - offender responsible for use of knife and wounding victim - young offender - early guilty plea - victim harm- parity - history of significant disadvantage – no empathy for victim- no capacity to feel empathy - need for intensive intervention in custody and in the community - some prospects shown by response to targeted intervention - application of principle for sentencing young immature offenders - special circumstances require sentence be served in juvenile detention - need for long term supervision in the community Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Henry v R 1999) 46 NSWLR 346; (1999) 106 A Crim R 149 R v Owen [2020] NSWDC 791 Texts Cited: Does Imprisonment Deter? A Review of the Evidence, Victorian Sentencing Advisory Council, April 2011 Category: Sentence Parties: John Guinness (the offender) Director of Public Prosecutions Representation: Counsel: Ms K Stares (for the offender)