R v Gary Michael ALDRIDGE [2008] NSWDC 375

New South Wales District Court

CITATION: R v Gary Michael ALDRIDGE [2008] NSWDC 375

JUDGMENT DATE: 13 February 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I determine this appeal against sentence by setting aside the sentence.

CATCHWORDS: CRIMINAL LAW - Appeal - assault occasioning actual bodily harm - common assault - malicious damage - fail to appear - relatively minor prior criminal record - pre-sentence report - custodial sentence necessary - suspended to allow alcohol rehabilitation

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 9, s 12 Crimes (Appeal and Review) Act 2001 s 20(2)(a)

PARTIES: Regina Gary Michael Aldridge

FILE NUMBER(S): 2007/42/0458

SOLICITORS: Mr Stanley for the NSW Office of the Director of Public Prosecutions Mr Edmunds for Mr Aldridge

JUDGMENT

1. This is an appeal against sentences brought by Gary Aldridge. Gary Aldridge was sentenced by the magistrate at Eden Local Court on 5 September 2007. He was convicted of five offences. One of them was assault occasioning actual bodily harm. Two of them were common assaults. The fourth was malicious damage and the fifth was a failure to appear contrary to the Bail Act.

2. The learned magistrate sentenced Mr Aldridge to seven months imprisonment for the assault occasioning actual bodily harm and specified a non-parole period of two months. For the two common assaults his Honour sentenced Mr Aldridge to fixed terms of two months imprisonment and for the malicious damage and failure to appear his Honour sentenced him to seven days imprisonment. All the sentences were specified to commence on 5 September 2007.

3. As I said Mr Aldridge had appealed against those sentences and has been on bail since. I approach this as a fresh sentencing exercise. I do not look for error in what the magistrate did but come to my own decision about what is the appropriate sentence.