R v King (No. 2) [2013] NSWSC 1811

Supreme Court New South Wales

Medium Neutral Citation: R v King (No. 2) [2013] NSWSC 1811 Hearing dates: 22 November 2013 Decision date: 06 December 2013 Before: Bellew J Decision: (i) Pursuant to s. 43(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) I re-open the sentence proceedings of the offender; (ii) In respect of the offence of recklessly inflicting grievous bodily harm upon David Lindsay, and in lieu of the sentence imposed upon the offender on 21 June 2013, the offender is sentenced to a non-parole period of 2 years and 6 months imprisonment, commencing on 1 April 2012 and ending on 30 September 2014, with a balance of term of 10 months commencing on 1 October 2014 and ending on 31 July 2015. Catchwords: CRIMINAL LAW - sentence - re-sentence - where fixed term originally imposed for offence carrying a standard non-parole period - necessity to correct sentence - where overall term of imprisonment imposed was intended to reflect the totality of the offending Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Collier v R [2012] NSWCCA 213 Mammone v R [2013] NSWCCA 95 SGJ v R; KU v R [2008] NSWCCA 258 Category: Sentence Parties: Regina - (Crown) Sean Lee King - (Offender) Representation: Ms K Shead - (Crown) Mr J Stratton SC - (Offender) S Kavanagh Solicitor for Public Prosecutions - (Crown) Gregory Goold - (Offender) File Number(s): 2011/230096 Publication restriction: Nil