R v Nickolas Wayne Galbraith; R v Brendon David Galbraith; R v Robert James Galbraith [2013] NSWSC 284

Supreme Court New South Wales

Medium Neutral Citation: R v Nickolas Wayne Galbraith; R v Brendon David Galbraith; R v Robert James Galbraith [2013] NSWSC 284 Hearing dates: 4 March 2013 Decision date: 05 April 2013 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Nickolas Wayne Galbraith 1. For the offence of causing grievous bodily harm to Luke Blundell with intent, sentenced to a term of imprisonment of three years consisting of a non-parole period of 2 years which, having regard to the period of 9 weeks and 3 days already served, will be taken to have commenced on 29 January 2013 expiring on 28 January 2015 with a balance of term of 1 year commencing on 29 January 2015 expiring on 28 January 2016. 2. For the offence of affray, sentenced to imprisonment for 6 months commencing on 5 April 2013 expiring on 4 October 2013. 3. The first date upon which the offender will be eligible for release will be 29 January 2015. Brendon David Galbraith 1. For the offence of recklessly inflicting grievous bodily harm, sentenced to a term of imprisonment of 1 year and 8 months which, having regard to the period of 9 weeks and 2 days already served, will be taken to have commenced on 30 January 2013 expiring on 29 September 2014. Suspend the execution of that sentence pursuant to s 12 Crimes (Sentencing Procedure) Act until 29 September 2014 and direct that the offender be released from custody on condition that he enters into a good behaviour bond for a term expiring on 29 September 2014. 2. For the offence of affray, direct that the offender enters into a bond under s 9 of the Crimes (Sentencing Procedure) Act to be of good behaviour for a period of two years to date from today. Robert James Galbraith 1. For the offence of recklessly inflicting grievous bodily harm, sentenced to a term of imprisonment of 1 year and 8 months which, having regard to the period of 9 weeks and 2 days already served, will be taken to have commenced on 30 January 2013 expiring on 29 September 2014. Suspend the execution of that sentence pursuant to s 12 Crimes (Sentencing Procedure) Act until 29 September 2014 and direct that the offender be released from custody on condition that he enters into a good behaviour bond for a term expiring on 29 September 2014. 2. For the offence of affray, direct that the offender enters into a bond under s 9 of the Crimes (Sentencing Procedure) Act to be of good behaviour for a period of two years to date from today. Catchwords: CRIMINAL LAW - sentence - causing grievous bodily harm with intent, recklessly inflict grievous bodily harm and affray - prior altercation at house party attended by young people in late teens - victim later apprehended by offenders in public street - possession of weapons not proved beyond reasonable doubt - offenders with no prior criminal records - remorse as a mitigating factor s 21A(3)(i) Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Martin [1981] 2 NSWLR 640 Pearce v The Queen [1998] HCA 57 (1998) 194 CLR 610 R v Elphick [2010] NSWCCA 112 Category: Sentence Parties: Regina (Crown) Nickolas Wayne Galbraith (Offender) Brendon David Galbraith (Offender) Robert James Galbraith (Offender) Representation: Counsel: W Creasey (Crown) S Walsh (Nickolas Wayne Galbraith) J Barnett (Brendon David Galbraith) M Paish (Robert James Galbraith) Solicitors: Director of Public Prosecutions (Crown) CJ Boyd Solicitors (Nickolas Wayne Galbraith) Viney William Lawyers (Brendon David Galbraith) Blue Water Legal (Robert James Galbraith) File Number(s): 2010/51899 2010/52496 2010/52404 Publication restriction: Nil