R v Harris-Merchant [2021] NSWDC 501

District Court New South Wales

Medium Neutral Citation: R v Harris-Merchant [2021] NSWDC 501 Hearing dates: 18 August 2021 Date of orders: 18 August 2021 Decision date: 18 August 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Sentence of imprisonment of 2 years 4 months with a non-parole period of 1 year Catchwords: CRIME — Public order offences — Affray SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Circumstances of offence SENTENCING — Relevant factors on sentence — Parole period Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Mental Health (Forensic Provisions Act) 1990 Cases Cited: Imbornone v R [2017] NSWCCA 144 R v Callaghan [2006] NSWCCA 58 R v Qutami [2001] NSWCCA 353 Category: Sentence Parties: Regina (Crown) Keano Harris-Merchant (Offender) Representation: Stella Calderbank (Crown) Allan Goldsworthy (Counsel for the Offender)

Director of Public Prosecutions (NSW) (Crown) Tully & Chiper Lawyers (solicitors for the Offender) File Number(s): 2020/00293494

REVISED EX TEMPORE JUDGEMENT

Introduction 1. Keano Harris‑Merchant pleaded guilty in the Local Court at Central on 20 April 2021 to a charge of affray contrary to s 93C(1) Crimes Act 1900 expressed in the following terms: that he "on 30 September 2020 at Glebe in the State of New South Wales did use unlawful violence towards an unidentified male, and Keano Harris‑Merchant's conduct was such as would have caused a person of reasonable firmness present at the scene to fear for her or his personal safety".