R v Tony MCLEOD [2010] NSWDC 237

New South Wales District Court

CITATION: R v Tony MCLEOD [2010] NSWDC 237 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 17 June 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Non-parole period of 22 months, balance of the term of 23 months.

CATCHWORDS: CRIMINAL LAW - sentence - maliciously inflict grievous bodily harm in company - convicted following jury trial - extremely serious injuries inflicted upon victim - unprovoked attack - offender bought assault to a stop - joint criminal enterprise - objective seriousness above middle of the range - no relevant criminal record - offender suffering from adjustment disorder - offender's wife suffering from depression - no exceptional circumstances warranting taking hardship on family into account in sentencing - parity - no other alternative to full-time imprisonment

LEGISLATION CITED: Crimes Act 1900 s 35(2) Crimes (Sentencing Procedure) Act 1999 s 5, s 21A, s 32

Markovic v The Queen and Pantelic v The Queen [2010] VSCA 105 CASES CITED: R v Edwards (1996) 90 A Crim R 510 R v Groundar (2001) 127 A Crim R 331 R v Mitchell, R v Gallagher (2007) 177 A Crim R 94

PARTIES: Regina Tony McLeod

FILE NUMBER(S): 2008/6288

COUNSEL: Mr Patrick for the Director of Public Prosecutions Mr Todd for Mr McLeod

JUDGMENT

1. This afternoon I am sentencing Tony McLeod. I am sentencing him for a serious crime, known as maliciously inflict grievous bodily harm in company. That is made into a crime by the Crimes Act 1900, s 35(2). It carries a maximum of ten years imprisonment. In addition, when I am sentencing Mr McLeod, I will take into account, as requested by him and agreed to by the Crown Prosecutor, an offence of affray committed on 1 September 2007 and I sign a document under s 32 of the Crimes (Sentencing Procedure) Act 1999 to that effect.