R v BEAVER [2023] NSWDC 578

District Court New South Wales

Medium Neutral Citation: R v BEAVER [2023] NSWDC 578 Hearing dates: 29 November 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see paragraphs [76]-[80] Catchwords: Sentence – reckless infliction of grievous bodily harm – loss of sight in one eye - submission that sentence be served by ICO – recent apparent conflict in authorities as to how to deal with pre-sentence custody Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Chan v R [2023] NSWCCA 206 DG v R (No 1) [2023] NSWCCA 320 Mandranis v R [2021] NSWCCA 97 McCullough v R [2009] NSWCCA 94 Morris v R [2023] NSWCCA 228 Pound v R [2015] NSWCCA 54 R v Mitchell & Gallagher (2007) 177 A Crim R 94 R v Tuala [2015] NSWCCA 8 Stanley v DPP [2023] HCA 3 Zheng v R [2023] NSWCCA 64 Category: Sentence Parties: Rex Trent BEAVER Representation: Counsel: Mr D Mulligan for the Offender

Solicitors: Ms G Knight, Office of the Director of Public Prosecutions Legal Aid Commission of NSW File Number(s): 2022/326257 Publication restriction: No

REMARKS ON SENTENCE 1. The offender pleaded guilty before a Magistrate at the Wagga Wagga Local Court on 16 August 2023 to one charge, namely that he: On 21 October 2022 at Narrandera in the State of New South Wales did cause grievous bodily harm to Michael Lyons and was reckless as to causing actual bodily harm to Michael Lyons, contrary to s 35(2) of the Crimes Act, 1900. 1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 29 November 2023 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. 2. The maximum penalty for the offence for which the offender appears for sentence is 10 years imprisonment. Parliament has specified a standard non-parole period of 4 years in respect of the offence.