R v FORD [2023] NSWDC 86

District Court New South Wales

Medium Neutral Citation: R v FORD [2023] NSWDC 86 Hearing dates: 3 March 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see paragraph [79]-[83] Catchwords: Sentence – wound with intent to cause grievous bodily harm – sustained attack with zombie knife – serious injuries - provocation – victim continues to suffer ongoing issues as a result of the offending – assault police by biting Legislation Cited: Crimes Act, 1900 Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 DS v R; DM v R [2022] NSWCCA 156 Mayberry v R [2022] NSWCCA 233 Nowak v R [2008] NSWCCA 89 R v Tuala [2015] NSWCCA 8 The Attorney General's Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 2 of 2002 (2002) 137 A Crim R 196 Category: Sentence Parties: Rex Alisa Marie FORD Representation: Counsel: Ms Clare O'Neill for the Offender

Solicitors: Ms J Dawson for the Director of Public Prosecutions Mr Z Tankard for the Offender File Number(s): 2021/279587 Publication restriction: No

Judgment 1. The offender appeared at the Wagga Wagga Local Court on 3 June 2022 and pleaded guilty to one count contrary to s 33(1) of the Crimes Act, 1900, namely that (she) "on 30 September 2021 at Glenfield Park in the State of New South Wales wounded Wayne Birch with intent to cause grievous bodily harm". 2. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 3 March 2023. Although there was an issue as to the facts on which the offender was to be sentenced the Crown submitted, appropriately, that that dispute did not affect the offender receiving the full 25% discount for the utilitarian value of the plea of guilty. The factual dispute related to the issue of provocation as a mitigating factor. The offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. There is a further factual dispute relating to whether the victim suffers ongoing difficulties as a result of the injuries he sustained. 3. The maximum penalty for the offence is one of 25 years imprisonment. Parliament has specified a standard non-parole period of seven years in respect of the offence. Further ,the offender is to be sentenced in respect of one count of assaulting a police officer in the execution of duty contrary to s 60(1) of the Crimes Act, which attaches to a certificate pursuant to section 166 of the Criminal Procedure Act, 1986. The maximum penalty if dealt with on an indictment is one of five years imprisonment, however as the matter attaches to a section 166 certificate the jurisdictional limit of two years imprisonment that applies in the local Court applies to this matter. In this regard see for e.g. Park v The Queen [2021]HCA 37 and Greaves v R [2020] NSWCCA 140 at [66] per Cavanagh J.