R v Michael Patrick Hudson [2006] NSWDC 140

New South Wales District Court

CITATION: R v Michael Patrick Hudson [2006] NSWDC 140

HEARING DATE(S): 23 November 2006

JUDGMENT DATE: 28 November 2006

JUDGMENT OF: Nield DCJ

DECISION: Offender convicted and sentenced to imprisonment for three years nine months. Fix a non parole period of two years three months, from 26 December 2005 to 25 March 2008, on which date the offender is to be eligible to be released on parole, and a parole period of one year six months, from 26 March 2008 to 25 September 2009. Order that the offender be subject to supervision by the New South Wales Probation and Parole Service whilst on parole during the parole period.

CATCHWORDS: Sentence after guilty plea - malicious wounding - aggravated and mitigating factors

LEGISLATION CITED: s35(1)(a) Crimes Act; s3A, s21A Crimes (Sentencing Procedure) Act 1999

R v Fernando (1992) 76 A CrimR 58 R v Ceissman 2001 NSWCCA 73; (2001) 119 A CrimR 535 CASES CITED: R v Pitt 2001NSWCCA 156 R v Crombie 1999 NSWCCA 297 R v Cage 2006 NSWCCA 304

PARTIES: Regina Michael Patrick Hudson

FILE NUMBER(S): 06/61/0060

COUNSEL: Mr M. Pickin (Offender)

SOLICITORS: Office of the DPP Dubbo Aboriginal Legal Service Broken Hill

SENTENCE

HIS HONOUR:

1 The offender is Michael Patrick Hudson. He was born on 21 May 1974. Accordingly, he was aged thirty-one years seven months when, on 26 December 2005, he committed the subject offence. He is aged thirty-two years six months now.

2 The offender is of Aboriginal descent. He is the youngest of his parents' four children. His background and upbringing are outlined in an affidavit sworn 24 September 1996 by his father (exhibit 1) and mentioned in the Probation and Parole Service pre-release report 3 July 1998 (exhibit 2). Suffice it to say that the offender's early life was a materially deprived and unsettled one. The observations of Wood J in Fernando as explained by him in Ceissman and Pitt are relevant in the sentencing of the offender.