NSW Caselaw
New South Wales District Court
CITATION: R v Barker, William [2009] NSWDC 210
HEARING DATE(S): 07/04/09 and 08/04/09
JUDGMENT DATE: 23 June 2009
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Recklessly wound: Sentenced to imprisonment 1year 10 1/2 months; Non Parole Period 6months Possess loaded firearms so as to endanger life: Sentenced to imprisonment 1 year 10 1/2 months; Non Parole Period 6 months to be served concurrently.
CATCHWORDS: Criminal Law - Sentencing - Recklessly wound - possess loaded firearm so as to endanger life - wife victim - poor health - in bed at time of attack - use of implement to attack victim - firearm used to terrify - mistaken belief that wife had been unfaithful - threat of murder, suicide - struck with shotgun stock - wounded - victim tied to bed - immobile when struck - high level of recklessness - remorse - prior good character - strong subjectives - standard no parole period not applied.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act
R v Gladue [1999] 1SCR 688 [80] R v Dunn [2004] NSWCCA 41 at [47] R v Fernando (1992) 76 A. Crim. R. 58 R v Edigarov [2001] NSWCCA 436 CASES CITED: R v Lattouf NSWCCA Unreported, 12 December 1996 Markarian v The Queen (2005) 228 CLR 357 at [24]; 215 ALR 213 at [24]. R v Hall unreported NSW CCA 11 June 1999 R v Gordon S.C unreported 29 April 1994 per Hunt CJ at CL R v Peter James Muir S.C unreported David Hunt J 3 April 1991
PARTIES: Regina William Barker
FILE NUMBER(S): 2009/00003017
COUNSEL: Defence: E Wilson Public Defencer
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