R v Salom [2021] NSWDC 386

District Court New South Wales

Medium Neutral Citation: R v Salom [2021] NSWDC 386 Hearing dates: 23 April 2021 Date of orders: 30 April 2021 and 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate term of 2 years and 10 months imprisonment to be served by way of Intensive Correction Order Catchwords: CRIME — Domestic violence — "Personal violence offence" CRIME — Violent offences — Recklessly cause grievous bodily harm SENTENCING — Subjective considerations on sentence — Mental illness Legislation Cited: Crimes Act 1900 (NSW), s 35(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 3A, 66, 4B Cases Cited: Lawson v R [2018] NSWCCA 215 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Moiler v The Queen [2021] NSWCCA 73 Muldrock v R (2011) 244 CLR 120 Category: Sentence Parties: Director of Public Prosecutions (Crown) Miles Salom (Offender) Representation: Counsel: Ms Trajovski (Crown) Mr G James QC with Mr E James (Offender) File Number(s): 2020/67936 Publication restriction: Nil

SENTENCE 30 April 2021

Introduction 1. The offender stands to be sentenced, having pleading guilty to two offences under s 35(2) of the Crimes Act 1900 (NSW) of recklessly causing grievous bodily harm. The first offence occurred on 24 September 2015, the victim being Amanda Holmes and is contained in charge sequence 11. The second offence occurred on 25 April 2017, the victim being the same victim as in the first offence and is contained in charge sequence 14. The maximum penalty for each offence is ten years imprisonment and there is an applicable standard non-parole period of four years. 2. The offender also acknowledges his guilt and asks that I take into account two offences on two Form 1s. The offence on the Form 1 which relates to charge sequence 11 is an offence of assault occasioning actual bodily harm. It occurred on 30 July 2016 and concerns the same victim of the principal offence. On 30 July 2016, the offender pushed the victim who fell backwards and suffered a broken wrist. This offence is of sufficient seriousness to have some impact upon the sentence to be imposed on the charge that it relates to. 3. The offence on the Form 1 which relates to charge sequence 14 is also an offence of assault occasioning actual bodily harm on the same victim. In short, that offence involved the offender on an occasion on 15 October 2018, grabbing the victim on her neck and pushing her backwards, occasioning a bruise to her left neckline. This Form 1 offence has a limited impact upon the sentence to be imposed on the charge to which it relates.