R v AM [2021] NSWDC 433

District Court New South Wales

Medium Neutral Citation: R v AM [2021] NSWDC 433 Hearing dates: 23/3/21, 26/3/21, 1/4/21 Date of orders: 1/4/21 Decision date: 01 April 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 3 years 6 months with a NPP of 2 years (21/12/19-20/12/21). I find special circumstances. I order that the sentence be served as a juvenile offender. Catchwords: Crime – Sentence – Juvenile – Recklessly cause grievous bodily harm Legislation Cited: Children's (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BP v R [2010] NSWCCA 159 Category: Sentence Parties: NSW DPP – Crown AM – Offender Representation: Ms E Anderson-James for Crown Ms S Goodwin for Offender File Number(s): 2019/402219 Publication restriction: Non-publication order in relation to the identity of the offender and any other individual under the age of 18 years. Pseudonym order in relation to the offender and any other individual under the age of 18 years.

sentence 1. AM is for sentence today for an offence of recklessly causing grievous bodily harm in company. That is an offence which carries a maximum penalty of 14 years imprisonment, when dealt with according to law. It also has a standard non-parole of five years but I note that that does not apply, given that the offender was under 18 at the time of the offence. The maximum penalty, of course, is an important guide post to which I have had regard in the sentencing exercise. 2. He pleaded guilty at an early stage and he is entitled to a discount of 25 per cent, on account of the utilitarian value of that plea.