R v SR [2022] NSWDC 542

District Court New South Wales

Medium Neutral Citation: R v SR [2022] NSWDC 542 Hearing dates: 29 September 2022 Date of orders: 29 September 2022 Decision date: 29 September 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [56]. Catchwords: CRIME – SENTENCE - Assault causing grievous bodily harm to 14 year old step son – recklessness as to causing actual bodily harm – serious and substantial harm to victim -Plea of guilty – Prior good character – General deterrence – Contest between Intensive Correction Order or full time imprisonment. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Muggleton v R [2015] NSWCCA 62 R v Wilson (2005) 62 NSWLR 346 RP v R [2013] NSWCCA 192 R v Sewell and Walsh (1981) 29 SASR 12 Texts Cited: Nil. Category: Principal judgment Parties: R – Crown Offender – SR Representation: R – Ms Menzies from the Office of the Director of Public Prosecutions (NSW) Offender – Mr Fordham File Number(s): 2022/00012776 Publication restriction: Section 578A of the Crimes Act 1900 and s 15A of the Children (Criminal Proceedings) Act 1987 apply so as to prohibit the publication of any material which may identify or is likely to lead to the identification of the complainants in the proceedings.

Judgment

Background 1. HIS HONOUR: SR ("the offender") stands for sentence as a consequence of pleading guilty to a charge that on Saturday 15 January 2022 at a residential unit in Botany Road, Botany, he did cause grievous bodily harm to JL, and was reckless as to causing actual bodily harm to JL ("the victim"). 2. That is an offence contrary to s 35(2) of the Crimes Act 1900. Parliament has prescribed a maximum penalty of ten years imprisonment. Parliament has also imposed a standard non-parole period of four years imprisonment, a standard non-parole period would be applicable if the offender had pleaded not guilty, was convicted, and the offence was in the mid-range of objective seriousness.