R v Gary Patrick GUISA [2009] NSWLC 10

Local Court of New South Wales

CITATION: R v Gary Patrick GUISA [2009] NSWLC 10

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions Gary Patrick GUISA

FILE NUMBER:

PLACE OF HEARING: Albury Local Court

DATE OF DECISION: 04/30/2009

MAGISTRATE: Magistrate Lerve

CATCHWORDS: CRIMINAL LAW – Reckless wounding – plea of guilty following negotiations – "glassing" – use of weapon (glass) aggravating feature – deterrent sentence required

LEGISLATION CITED: ss 33, 35(4) Crimes Act 1900ss 3A, 5, 9 Crimes (Sentencing Procedure) Act 1999

De Simoni v The Queen (1981) 147 CLR 383 R v Boney [2008] NSWCCA 313 R v Borkowski [2008] NSWCCA 102 R v Corbett [2008] NSWCCA 42 R v Doan (2000) 50 NSWLR 115 R v Dodd (1991) 57 A Crim R 349 CASES CITED: R v Kite [2008] NSWDC 7 R v McCullough [2009] NSWCCA 94 R v McKenna [2007] NSWCCA 113 R v Nowak [2008] NSWCCA 89 R v Sayin [2008] NSWCCA 307 R v Sullivan & Skillin [2008] NSWCCA 290 R v Wright [2009] NSWCCA 3

TEXTS CITED:

Director of Public Prosecutions (Prosecution) REPRESENTATION: Mr P C Reddy (Offender)

ORDERS: 1. The offender is convicted. 2. Consequent upon that conviction the offender is sentenced to a non-parole period of 11 months to commence on 19 July 2008 and expire on 18 June 2009. Thereafter I specify a balance of term of 8 months to commence on 19 June 2009 and expire on 18 February 2010.

REMARKS ON SENTENCE

1. The offender pleaded guilty to the charge of Reckless Wounding contrary to s 35(4) of the Crimes Act 1900 on 23 March 2009. Previously the offender had been charged with Maliciously Inflicting Grievous Bodily Harm with Intent to cause Grievous Bodily Harm contrary to s 33 of the Crimes Act. The plea to the charge of Reckless Wounding was following protracted plea negotiations between the representatives of the Director of Public Prosecutions and the solicitor for the offender.