R v Arthur Edward MAYBURY [2007] NSWDC 238

New South Wales District Court

CITATION: R v Arthur Edward MAYBURY [2007] NSWDC 238

HEARING DATE(S): 25 October 2007

JUDGMENT DATE: 25 October 2007

EX TEMPORE JUDGMENT DATE : 25 October 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [28] & [29]

CATCHWORDS: Criminal Law - Sentence - Maliciously inflict grievous bodily harm - Threaten to destroy / damage property to injure another - Assault occasioning actual bodily harm - Breach of s 12 bonds - Abuse of alcohol

PARTIES: The Crown Arthur Edward Maybury

FILE NUMBER(S): 07/31/0204

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Arthur Maybury is now forty-one years of age. It is a matter of considerable sadness that in his evidence today he said that four of the years he had before he was ten years old were the happiest time in his life. Since then, he has never known happiness that he knew when he was cared for by foster parents who support him to this day.

2 Mr Maybury was abandoned by both of his parents at only three years of age and placed in a boys' home. From there, he went to live with his foster parents and spent the happy time that I have referred to. However, his mother came back on the scene and she was given custody of Mr Maybury again.

3 The time that he spent with her was terrible. He was subject to repeated acts of violence from her. She was an alcoholic and so was his stepfather. His natural father was also an alcoholic. In those circumstances, it is not surprising to find that Mr Maybury also has had a long and difficult problem with alcohol leading up to the commission of a number of serious offences.