R v Assi-Leplaw [2022] NSWDC 108

District Court New South Wales

Medium Neutral Citation: R v Assi-Leplaw [2022] NSWDC 108 Hearing dates: 11 April 2022 Date of orders: 11 April 2022 Decision date: 11 April 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 59 - 60 Catchwords: CRIME – sentencing – reckless wounding in company – mental and substance use disorders Legislation Cited: Crimes Act 1900 (NSW) s 35 Crimes Sentencing Procedure Act 1999 (NSW) ss 3A, 21A, 55 Drug Misuse and Trafficking Act 1985 (NSW) s 10 Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 McCullough v R (2009) 194 A Crim R 439 R v Tran [2005] NSWCCA 35 R v Watt (unrep, 2/4/97, NSWCCA) Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions Mr J Assi-Leplaw (offender) Representation: Solicitors: Ms C Daly for the ODPP Mr H Salter for the offender File Number(s): 2020/00366484 Publication restriction: Nil

SENTENCING REMARKS 1. The offender is before the Court for sentencing on a charge that on 25 December 2020 in Kirrawee he wounded Corey Watson in company and was reckless as to causing him actual bodily harm, contrary to s 35(3) of the Crimes Act 1900 (NSW) (the principal offence). 2. The offender also acknowledges guilt and asks the Court to take into account on the principal offence an offence on a Form 1, being that on 26 December 2020 in Kirrawee, he had in his possession a prohibited drug, namely 0.53grams of Psilocybin (hallucinogenic mushrooms), contrary to s 10(1) of the Drug Misuse and Trafficking Act 1985 (NSW). 3. The maximum penalty for the principal offence is 10 years imprisonment and/or $11,000 fine. The principal offence carries a statutory non-parole period of 4 years' imprisonment. The maximum penalty for the offence on the form 1 is 2 years' imprisonment and/or $2,200 fine. 4. It is common ground that by reason of the guilty plea, the offender is entitled to a 25% discount on sentence for the principal offence to reflect the utilitarian value of the plea.