R v Shaun Barry LOGAN [2008] NSWDC 337

New South Wales District Court

CITATION: R v Shaun Barry LOGAN [2008] NSWDC 337

HEARING DATE(S): 3 July 2008

JUDGMENT DATE: 3 July 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to an overall period of imprisonment consisting of a non parole period of 18 months with a balance of term of 10 months

CATCHWORDS: CRIMINAL LAW - Sentence - Maliciously inflict grievous bodily harm - Assault with intent to rob - Intoxication at time of offence - On bail at time of offence

PARTIES: The Crown Shaun Barry Logan

FILE NUMBER(S): DC 2007/11/0604; DC 2008/11/0146

COUNSEL: P K Lynch - Crown M G Ainsworth - Offender

SOLICITORS: NSW DPP

SENTENCE

1 HIS HONOUR: Shaun Barry Logan pleaded guilty to two offences: One of maliciously inflicting grievous bodily harm and a second of assault with intent to rob. These offences were committed some eight months apart. At the time of the first offence, the offender was on two bonds for having assaulted police officers. At the time of the second offence, he was on bail for the first. Both offences were committed when the offender was intoxicated.

2 The first offence, the most serious, was committed on 25 February 2007. The offender had been out for the night and had been drinking. He was returning to where he lived when he was confronted by two other men, one of whom ended up being the victim of the offence of maliciously inflicting grievous bodily harm. His name was Bradley Peniston. Some form of altercation occurred between Mr Peniston and the offender.

3 The offender's girlfriend was present. As a result of the altercation, she contacted triple-0. At this point, someone produced two knives. The matter was put before me today on the basis that the Crown could not prove that it was the offender who produced the knives and the offender could not prove to the standard required that Mr Peniston had produced the two knives. I was invited by both parties to proceed on the basis that it was entirely neutral; it was not a matter of aggravation that the offender and produced the knives but nor was it a matter of mitigation that he was not.