R v Wass [2021] NSWDC 414

District Court New South Wales

Medium Neutral Citation: R v Wass [2021] NSWDC 414 Hearing dates: 24 September 2020, 27 November 2020, 24 February 2021, 05 March 2021, 18 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Head sentence 2 years 4 months NPP 1 year 4 months. Catchwords: CRIME – SENTENCE – Assault occasioning grievous bodily harm – Reckless – Use of a snowboard as a weapon – Dressed as Chewbacca – Below mid-range in objective seriousness – Delay in proceedings – Unique personal circumstances of offender – Need for psychiatric treatment of the offender – ICO not available in the circumstances. Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Mental Health Act (Forensic Provisions) 1990 Category: Sentence Parties: Regina - Crown Offender - Keith Melvyn Wass Representation: Counsel: Crown – H. Cantor (Solicitor Advocate) Offender – P. Pearsall Solicitors: Crown – I. Fay (DPP) Offender – I. Chiumento (Eden Legal & Conveyancing) File Number(s): 2017/00245604 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Keith Melvyn Wass stands for sentence as a consequence of pleading guilty to the charge that on 12 August 2017 at Thredbo in this State he recklessly inflicted grievous bodily harm to Jordan Rodgers. That is an offence contrary to s 35(2) of the Crimes Act 1900. The maximum penalty is ten years imprisonment. Parliament has prescribed a standard non-parole period of four years.