NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Daetz [2021] NSWDC 365 Hearing dates: 05 February 2021 Date of orders: 05 February 2021 Decision date: 05 February 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 3 years 9 months with a non-parole period of 2 years. Catchwords: CRIME — Violent offences — Wound with intent to cause grievous bodily harm Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application Under s 37 Crimes (Sentencing Procedure) Act 1999 No 1 [2002] NSWCCA 518 Callaghan v R [2006] NSWCCA 58 Imbornone v The Queen [2017] NSWCCA 144 Markarian v The Queen. (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39 Qutami v R [2001] NSWCCA 353 R v De La Rosa [2010] NSWCCA 194 Tepania v The Queen [2018] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Jayantha Harold Daetz (Offender) Representation: Charlotte Wheatley (Crown)
Eugene Wasilinea (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown) Cohort Lawyers File Number(s): 2019/00146608 & 2018/00373608
REVISED EX TEMPORE JUDGEMENT
INTRODUCTION 1. Jayantha Daetz pleaded guilty upon arraignment when presented upon an indictment containing three counts. 2. Count 1, contrary to s 61 Crimes Act 1900, alleges that he on 28 April 2019 at Kingsgrove in the State of New South Wales did assault Christopher Havern. 3. Count 2, contrary to s 33(1)(a) Crimes Act 1900 alleged an offence of wounding with intent to cause grievous bodily harm. In the alternative to that charge the Crown presented count 3, alleging that he on 10 May 2019 at Kingsgrove in the State of New South Wales recklessly wounded Christopher Havern contrary to s 35(4) Crimes Act 1900. 4. A plea of guilty was accepted to count 3 in satisfaction of the indictment, however count 1 has been included in a Form 1 signed by the offender and on behalf of the Crown. He confirms he is guilty of that offence and confirms his wish that it be taken into account.
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