R v Martin [2021] NSWDC 358

District Court New South Wales

Medium Neutral Citation: R v Martin [2021] NSWDC 358 Hearing dates: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to a term of 5 years and 8 months imprisonment with a non-parole period of 2 years and 10 months Catchwords: CRIME — Violent offences — Wound with intent to cause grievous bodily harm SENTENCING — Aggravating factors — Use of weapon SENTENCING — Subjective considerations on sentence — Mental illness Legislation Cited: Crimes Act 1900 (NSW) s 33(1)(a) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 3A Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Moiler v The Queen [2021] NSWCCA 73 Bugmy v The Queen [2013] HCA 37 Elturk v The Queen [2014] NSWCCA 61 The Queen v Stonestreet [2020] NSWCCA 212 Category: Sentence Parties: Director of Public Prosecutions (Crown) Rachael Anne Martin (Offender) Representation: Counsel: Mr Belcher (Crown) Mr Hunter (Offender) File Number(s): 2020/133592 Publication restriction: Nil

SENTENCE

Introduction 1. The offender stands to be sentenced having pleaded guilty to the following offence, that between 1.25 and 1.30pm on 4 May 2020 at Potts Point she wounded Lucas Conca with intent to inflict grievous bodily harm. That is an offence is under s 33(1)a of the Crimes Act and has a maximum penalty of 25 years imprisonment with an applicable standard non-parole period of seven years.