R v Luke William DAVIDSON [2007] NSWDC 297

New South Wales District Court

CITATION: R v Luke William DAVIDSON [2007] NSWDC 297

HEARING DATE(S): 23 October 2007

JUDGMENT DATE: 23 October 2007

EX TEMPORE JUDGMENT DATE : 23 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See Paragraphs [39] & [40]

CATCHWORDS: Unlawful or negligent act or omission - Grievous bodily harm - Vulnerable victim - Addiction to drugs

LEGISLATION CITED: Crimes Act

CASES CITED: R v De Simone (1981) 147 CLR 383 R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R 149;

PARTIES: The Crown Luke William Davidson

FILE NUMBER(S): 07/31/0116

COUNSEL: H. Wilson - The Crown J. Booth -Offender

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Luke Davidson appears for sentence after having pleaded guilty, on an earlier occasion, to two offences that he, by his unlawful or negligent act or omission, caused grievous bodily harm to CS, a young girl then of the age of three.

2 Mr Davidson was in a de facto relationship with CS's mother. CS received two particular injuries, one to her arm and one to her forehead. The injury to her arm consisted of a fracture to her humerus and the injury to her forehead consisted of a significant and lengthy laceration.

3 The offender should have, clearly, sought medical attention for both of those injuries. He did not do so however, for two reasons. The first is that the woman with whom he was in a de facto relationship, that is CS's mother, asked him not to as she was concerned that if the authorities became aware of the injuries to CS, the authorities would remove CS from her care.