R v Pink [2024] NSWDC 36

District Court New South Wales

Medium Neutral Citation: R v Pink [2024] NSWDC 36 Hearing dates: 12 February 2024 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Criminal Before: DCJ Brady SC Decision: Sentence of imprisonment of 2 years 6 months with a non-parole period of 1 year 5 months Catchwords: CRIME – sentence after plea – Crimes Act 1900 – s 35(4) – reckless wounding – Bugmy considerations Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 De La Rosa (2010) 79 NSWLR 1 IS v R [2017] NSWCCA 116 R v Fernando [2002] NSWCCA 28 R v Tran [1999] NSWCCA 109 Stevens v R [2017] NSWCCA 216 Category: Sentence Parties: Rex (Crown) Samuel Gregory Pink (Offender) Representation: Counsel: T Pickering (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid (Offender) File Number(s): 2022/357051

JUDGMENT 1. Samuel Ellis ("the offender") pleaded guilty in the Local Court to an offence of recklessly wounding Corey Draper contrary to section 35(4) Crimes Act 1900. 2. The maximum penalty for the offence of reckless wounding is seven years imprisonment. There is a standard non-parole period of three years imprisonment. Both the maximum period of imprisonment and the standard non-parole period serve as statutory guideposts for the sentence. 3. The Crown submitted and Mr Pickering conceded, that no other penalty other than full-time gaol is appropriate in this case. Bearing in mind the seriousness of the offending, I agree with that submission and concession. I have determined that the section 5 threshold has been crossed, and no other penalty other than prison, and full-time prison, is appropriate to properly reflect the seriousness of the offence and the principles of sentencing.