R v Maw [2022] NSWDC 683

District Court New South Wales

Medium Neutral Citation: R v Maw [2022] NSWDC 683 Hearing dates: 8 April 2022 Date of orders: 8 April 2022 Decision date: 08 April 2022 Jurisdiction: Criminal Before: Buscombe DCJ Decision: (1) Convicted of the offence of recklessly cause grievous bodily harm in company. (2) Impose a sentence consisting of a non-parole period of one year and ten months and a balance of term of one year and 6 months. Catchwords: CRIME — Violent offences — Recklessly cause grievous bodily harm SENTENCING — Aggravating factors — In company Legislation Cited: Crimes Act 1900 (NSW), s 35(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Cases Cited: BP v R [2010] NSWCCA 159 Bugmy v R [2013] 249 CLR 571 Bullock v R [2016] NSWCCA 131 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Lloyd v R [2022] NSWCCA 18 Muldrock v R [2011] HCA 39 244 CLR 120 R v Henry (1999) 45 NSWLR 346 Category: Sentence Parties: Director of Public Prosecutions (Crown) Michael Maw (Offender) Representation: Counsel:

Mr Waldersee (Offender)

Solicitors:

Office of the Director of Public Prosecutions (Crown)

Legal Aid (Offender) File Number(s): 2021/00069734

SENTENCE

Introduction 1. The offender, Michael Maw stands to be sentenced, having pleaded guilty to a single count that on 14 February 2021 at Toongabbie, he assaulted Trevor Sec while in the company of his brothers, Daw Maw and LN, causing him grievous bodily harm, reckless as to causing him actual bodily harm. That is an offence under s 35(1) of the Crimes Act and has a maximum penalty of 14 years imprisonment and there is an applicable standard non‑parole period of five years imprisonment.