NSW Caselaw
New South Wales District Court
CITATION: Regina v Donald Douglas Bugmy [2007] NSWDC 215
HEARING DATE(S): 28 August 2007 & 5 September 2007
JUDGMENT DATE: 14 September 2007
EX TEMPORE JUDGMENT DATE : 16 June 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted - sentenced to 12months non-parole; balance of term 2 years.
CATCHWORDS: Criminal Law - Sentencing - malicious wounding - weapon - broken bottle - female victim known to offender - Aboriginal male offender - causation - gratituous dysfunctional response to rejection - subjective features - early parental neglect and petrol sniffing/ drug abuse from early age.
R v Cuthbert [1967] 2 NSWR 329 CASES CITED: R v Rushby [1977] NSWLR 597 R v Hayes [1984] 1 NSWLR 740 Fernando (1992) 76 A Crim R 58
PARTIES: Regina Donald Douglas Bugmy
FILE NUMBER(S): 06/61/0160
COUNSEL: E. Wilson Public Defender for Offender
SOLICITORS: Ms R Swift for Crown
SENTENCE
HIS HONOUR:
1. Offences of violence are a major problem in our community. Frequently, as in this case, the victim is an innocent woman who physically bears for life the scars that are symbols of wounds caused by social dysfunction. Many offences of violence are said to be alcohol related. Even though Donald Douglas Bugmy is only twenty-two years old he has a long history of violence. He seems to feel his violence is alcohol related because most of his violence has been committed when he is inebriated. As his personal history shows alcohol is but one of the causes of this violence.
2. Mistakenly, he thinks courses in gaol will solve his problem. True, the gaol rehabilitation courses are designed to give him strategies for dealing with a propensity in his alcohol abuse to violence of others, but those strategies are given in a sterile, artificial environment to prisoners escaping from boredom to the class room where the course is conducted. The prison environment offers little access to alcohol. Such drug use as there is in gaol is surreptitious and of a sedative kind.
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