Regina v Craig Leslie Holden [2007] NSWDC 55

New South Wales District Court

CITATION: Regina v Craig Leslie Holden [2007] NSWDC 55

JUDGMENT DATE: 9 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Woods QC DCJ

DECISION: Sentence imposed - see para. 27

CATCHWORDS: Criminal Law - sentence - assault - grievous bodily harm - boarding house situation - 5 young men in one room paying $100/wk - explanation not justification - offence related to alcohol abuse

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 (NSW)

PARTIES: Regina Craig Leslie Holden

FILE NUMBER(S): 07/11/0039

COUNSEL: Mr David Burwood (Def)

SOLICITORS: Ms J Sposi (NSW DPP)

JUDGMENT

1 HIS HONOUR: This is the sentence of Craig Leslie Holden on a charge that on 9 April 2006, at Manly in the State of New South Wales, while in company with Craig Steel, Kintaro Dumfey, Linton Moore and other persons, he maliciously inflicted grievous bodily harm upon Peter Dee. There has been, relevantly, an early plea of guilty to this charge, although for technical reasons, he was arraigned in front of me on an indictment dated today. The original plea of guilty was before the magistrate's court at an appropriately early point.

2 There is also before me, and I take it into account, a Form 1 list of additional charges to be dealt with under s32 of the Crimes (Sentencing Procedure) Act 1999. I note those matters and take them into account. They are an offence of assault occasioning actual bodily harm contrary to s59(2) of the Crimes Act 1900 committed on 7 April 2006 in company with several others. The second matter on the Form 1 is a s61 assault on 9 April 2006. Those two matters are part of the sequence of events over several days which led up to the matter which is on the indictment. For the charge to which there has been a plea of guilty, the law provides a maximum penalty of ten years imprisonment.