NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Nitschke [2024] NSWDC 614 Hearing dates: 26 April 2024 – verdicts 30 May 2024 – sentence hearing Decision date: 22 August 2024 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found: first custodial sentence, need for longer period of supervision on parole to assist with drug & alcohol and mental health issues, anger management. Indicative sentences: 001: 4 years NPP 2 years, 8 months 002 1 year 003 9 months (25% discount) 004 9 months (25% discount) Aggregate Sentence: Sentenced to a term of imprisonment for 4 years and 9 months comprising a non-parole period of 3 years to commence on 8 April 2023 and to expire on 7 April 2026, and a balance of term of 1 year and 9 months to commence on 8 April 2026 and to expire on 7 January 2028. Eligible for release to parole on 7 April 2026. Driver disqualification period: 5 years. [s205(4) RTA 2013] Catchwords: CRIME – Sentence after judge-alone trial – cause grievous bodily harm to person with intent - s166 matters -failing to stop and assist after vehicle impact causing GBH - driving offences – resisting police officer in execution of duty – intention – serious injury, deliberately caused – impact on victim and family – subjective matters Legislation Cited: Crimes Act 1900 Road Transport Act 2013 Category: Sentence Parties: Rex Nitschke, Harold Representation: Counsel: Defence: Mr B Walmsley KC
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