R v Copeland [2022] NSWDC 545

District Court New South Wales

Medium Neutral Citation: R v Copeland [2022] NSWDC 545 Hearing dates: 23 September 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) The offender is convicted. (2) The offender is sentenced to fixed term of 6 months commencing on 26 April 2021 and expiring on 25 October 2021. (3) Taking into account time served, the offender is entitled to immediate release. Catchwords: CRIME – sentencing – assault occasioning actual bodily harm – Bugmy principles Legislation Cited: Crimes Act 1900 ss 59(1), 94(b) Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A, 25D Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 DPP v De La Rosa [2010] NSWCCA 194 R v Heizzinen [2006] NSWCCA 50 Texts Cited: The Bugmy Bar Book Category: Sentence Parties: Rex Ms Katreana May Copeland Representation: Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Aboriginal Legal Service (Offender) File Number(s): 2021/115941 Publication restriction: Unrestricted

JUDGMENT

Remarks on sentence 1. The offender appeared at the Downing Centre Local Court on 18 November 2021 and pleaded guilty to one charge of assault occasioning actual bodily harm, contrary to s 59(1) of the Crimes Act 1900. The maximum penalty for that offence is 5 years imprisonment. 2. The plea of guilty was adhered to in the Local Court on 18 November 2021. Accordingly, pursuant to s 25D of the Crimes (Sentencing Procedure) Act 1999, the offender is entitled to the full 25% discount for the utilitarian value of the plea. 3. In determining the appropriate sentence, I acknowledge that I am involved in a one step process in which it is necessary to have regard to all the relevant facts and circumstances as are known to the Court including the facts surrounding the commission of the offences, those matters affecting its relative seriousness and the offender's subjective circumstances. 4. Admitted on behalf of the Crown was the following: 1. Amended Charge Certificate (Ex C1) 2. Signed Agreed Facts (Ex C2) 3. Criminal History (Ex C3) 4. Custodial History (Ex C4) 5. CCTV Footage of Offence (Ex C5) 1. Admitted on behalf of the offender was the following: 1. Psychological report of Vanessa Edwige dated 12 February 2022 (Ex O1) 2. The Bar Book Project – Childhood Exposure to Domestic and Family Violence (Ex O2) 3. The Bar Book Project – Childhood Sexual Abuse Executive Summary (Ex O3)