NSW Caselaw
New South Wales District Court
CITATION: R v GILL [2007] NSWDC 60
HEARING DATE(S): 5th April 2007
JUDGMENT DATE: 5 April 2007
EX TEMPORE JUDGMENT DATE : 5 April 2007
JURISDICTION: Criminal
JUDGMENT OF: Berman SC DCJ
DECISION: Adjourned under s11 of the Crimes (Sentencing Procedure) Act.
CATCHWORDS: Criminal Law - Sentence - Assault Occasioning Actual Bodily Harm - Break and Enter - Malicious Damage - Contravene Apprehended Violence Order - Gross Overreation - Anger Management - Substance Abuse
LEGISLATION CITED: Crimes (Sentencing Procedure) Act.
PARTIES: Crown Bethany Jasmin GILL
FILE NUMBER(S): 06/11/0715
SOLICITORS: NSW DPP Ross Hill & Associates
SENTENCE
1 HIS HONOUR: Bethany Gill appears for sentence today. She has pleaded guilty on an earlier occasion to two counts on an indictment, one of assaulting Mr James Owens thereby occasioning to him actual bodily harm and one of breaking and entering Mr Owen's home and committing a serious indictable offence namely, assault occasioning actual bodily harm upon Mr Owens. Those two offences were related to separate acts of violence committed about an hour apart.
2 In addition, Ms Gill ask that I take into account an offence of malicious damage, and finally there are related charges of contravening an apprehended violence order, one relating to each of the occasions that form the basis of the two counts on the indictment.
3 The offences were a gross overreaction to an argument that Ms Gill had with Mr Owens. It is apparent from the psychiatric report provided by Dr Westmore that the appellant has a number of psychiatric problems but they principally relate to her drug and alcohol use. Tendered before me today was material from Guthrie House indicating that the appellant has been able to live a drug free lifestyle. The report from Guthrie House tells me that regular urine analysis was conducted on the offender and no evidence of any drug use was detected. Also at Guthrie House she was regularly breathalysed and there was no evidence of any intoxication.
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