R v Cuthbert [2023] NSWDC 594

District Court New South Wales

Medium Neutral Citation: R v Cuthbert [2023] NSWDC 594 Hearing dates: 8 September 2023, 19 September 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: 002: Convicted. Special circumstances found - Bugmy factors, institutionalisation, drug & alcohol issues, need for an extended period of supervised parole to assist him with rehabilitation and to reintegrate in the community. Sentenced to a term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months to commence on 27 September 2022 and to expire on 26 June 2025, and a balance of term of 1 year and 6 months to commence on 27 June 2025 and to expire on 26 December 2026.Eligible for release to parole on 26 June 2025. 001: Withdrawn. Catchwords: CRIMINAL – sentence - cause grievous bodily harm with intent to cause grievous bodily harm – gaol attack by group of inmates occasioning substantial injuries to victim, recorded on CCTV – parity – role of this offender – "the central cause or flashpoint of the incident" [who] "engaged in a concerted attack of considerable ferocity on a victim who became defenceless while being similarly attacked by others "– joint criminal enterprise – subjective matters. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 R v Jeremiah (2016) NSWCCA 241 R v Fyffe (2002) NSWSC 751 Category: Sentence Parties: Rex Cuthbert, James Representation: Counsel: Defence: Ms S Kluss