R v Jasper [2014] NSWDC 116

District Court New South Wales

Medium Neutral Citation: R v Jasper [2014] NSWDC 116 Decision date: 14 March 2014 Before: Cogswell SC DCJ Decision: For the offence of wound with intent to cause grievous bodily harm, a sentence of 6 years and 9 months in a hospital or Juvenile Detention Centre. Non-parole period of 2 years and 5 months. Catchwords: CRIMINAL LAW - Sentence - particular offence - wound with intent to cause grievous bodily harm - victim stabbed at school - wounds life threatening - relevant factors - no prior criminality - 15 years old at time of offence - history of serious psychiatric illness - response to charges - remorse - apologised to victim - plea of guilty - 25% discount - rehabilitation - good clinical response to treatment - supportive family - purpose of sentence - mental health condition reduces moral culpability and reduces significance of general deterrence - community protected by offender's continued treatment in custody and within community upon release - sentencing orders - juvenile sentenced according to law - extraordinarily short non-parole period - sentencing procedure - no conviction recorded - victim impact statement. Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 6, 17. Category: Sentence Parties: Regina (Crown) Darin Jasper (offender) Representation: Counsel: P Winch (offender) Solicitor: K Stanley, Office of the Director of Public Prosecutions (Crown) File Number(s): DC 2013/00036244 Publication restriction: Pursuant to s15A Children (Criminal Proceedings) Act 1987, there is to be no publication of any information, picture or other material that identifies or is likely to lead to the identification of the child offender. Identifying information has been removed from this version of the remarks to comply with the statute and the offender's name has been replaced with a pseudonym (which is a colour).