R v De Sousa and Lafferte [2023] NSWDC 613

District Court New South Wales

Medium Neutral Citation: R v De Sousa and Lafferte [2023] NSWDC 613 Hearing dates: 23/10/23, 30/11/23 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: LAFFERTE: Count 3 Reckless GBH in company - Convicted and sentenced to a term of imprisonment of 2 years 5 months, with a NPP of 19 months (19/5/22-18/12/23). I find special circumstances. A discount of 25 percent has been taken into account. DE SOUSA: Convicted and sentenced to an aggregate term of imprisonment of 3 years 2 months, with NPP of 2 years 2 months (2/3/22-1/5/24). I find special circumstances. The indicative sentences are: Count 1 Affray – 1 year 10 months (a 5 percent discount has been taken into account). Count 3 Reckless GBH in company – 3 years (a 5 percent discount has been taken into account). Catchwords: Crime – Sentence – Affray – Recklessly cause GBH in company Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DS v R; DM v R [2022] NSWCCA Category: Sentence Parties: NSW DPP – Crown Michael De Sousa – Offender Johanna Marjory Lafferte - Offender Representation: Mr R Cooley for Crown Mr T Skinner for De Sousa Mr A Cassels for Lafferte File Number(s): 22/12573 22/17702

remarks on sentence 1. The offenders Michael De Sousa and Johanna Lafferte are for sentence today in relation to offences committed on 30 December 2021. In Mr De Sousa's case, there are two offences. Firstly an offence under s 93C(1) of the Crimes Act 1900 being an offence of affray. The maximum penalty for that offence is ten years imprisonment. The second offence in his case which is the same offence upon which Ms Lafferte is to be sentenced is under s 35(1) of the Crimes Act being an offence of recklessly causing grievous bodily harm in company with another person. The maximum penalty for that offence is 14 years imprisonment and a standard non-parole period of five years is specified. The maximum penalties and where applicable, standard non-parole period are important guideposts in the sentencing exercise to which I have had regard. 2. The offenders have each pleaded guilty to the offences but at different stages. Ms Lafferte pleaded at the first opportunity and so I will allow a 25% discount on account of the utilitarian value of that plea of guilty. That is an agreed position. It is also an agreed position that in relation to Mr De Sousa that given that he pleaded guilty at a later stage that the appropriate discount in his case is 5%.