R v HICKSON [2010] NSWDC 336

New South Wales District Court

CITATION: R v HICKSON [2010] NSWDC 336

HEARING DATE(S): 10 December 2010 EX TEMPORE JUDGMENT DATE : 10 December 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment for a period of one year. The execution of that sentence is suspended for a period of twelve months pursuant to s 12 of the Crimes (Sentencing Procedure) Act upon the offender entering into a bond to be of good behaviour for the duration of the sentence.

CATCHWORDS: CRIMINAL LAW - Sentence - Reckless wounding

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Case Conferencing Trial Act

PARTIES: The Crown Matthew Hickson

FILE NUMBER(S): 2009/259866

SOLICITORS: Director of Public Prosecutions Colleen V Donnelly Solicitor - Offender

JUDGMENT

1 HIS HONOUR: Matthew Hickson appears for sentence today after having pleaded guilty at an earlier stage to an offence of reckless wounding, the matter carrying a maximum penalty of seven years and a standard non-parole period of three years. The standard non-parole period is not of direct application because of his plea of guilty but it remains as an important guidepost. I note that the offender pleaded guilty in the District Court to an offence and so because of the Criminal Case Conferencing Trial Act the maximum discount that I can allow because of that plea is 12.5 per cent. In this case the plea of guilty, and in particular at this stage as to the utilitarian benefit of that plea, is one of a number of factors which has led to not only the sentence being reduced by 12.5 per cent but also to me imposing a different form of sentence that that I would otherwise have imposed.