R v Shane Gregory BLACKWELL [2012] NSWDC 179

District Court New South Wales

Medium Neutral Citation: R v Shane Gregory BLACKWELL [2012] NSWDC 179 Decision date: 13 February 2012 Before: Cogswell SC DCJ Decision: For the offence of recklessly causing grievous bodily harm, a sentence of 4 years and 4 months. Non-parole period of 2 years and 8 months. Catchwords: CRIMINAL LAW - Particular offences - offences against the person - grievous bodily harm - hotel glassing - victim's eye surgically removed - impact on victim. Sentence - standard non-parole period not imposed - special circumstances - very good prospects of rehabilitation - unlikely to re-offend - plea of guilty - relevant factors - spontaneous unpremeditated crime - prior criminality - very few previous convictions but both for disorderly conduct - response to charges - plea of guilty - discount of 13 per cent - expressed remorse and contrition in witness box - history of depression but inappropriate to allow significant discount - sentencing procedure - sentencing statistics, schedules - sentence range in JIRS relatively low. Legislation Cited: Crimes Act 1900, s 35(2) Crimes (Sentencing Procedure) Act 1999, 21A(2)(c) Cases Cited: Butters v R [2010] NSWCCA 1 R v Blackwell [2011] NSWDC 171 Category: Sentence Parties: Regina (Crown) Shane Gregory BLACKWELL (Offender) Representation: Counsel: L L Lungo (Crown) P A Dunn QC (Offender) Solicitors: Director of Public Prosecutions (Crown) OBH Law (Offender) File Number(s): DC 2008/10926