R v Baker; R v Lane; R v Law [2014] NSWDC 267

District Court New South Wales

Medium Neutral Citation: R v Baker; R v Lane; R v Law [2014] NSWDC 267 Decision date: 11 November 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Baker: for four offences - aggravated break and enter and commit serious indictable offence in company; assault occasioning actual bodily harm in company; assault occasioning actual bodily harm; recklessly causing grievous bodily harm in company - an aggregate sentence of four years imprisonment with a non-parole period of two years, to commence on 11 November 2014.

Lane: for two offences - aggravated break and enter and commit serious indictable offence in company; assault occasioning actual bodily harm in company - an aggregate sentence of three years and three months with a non-parole period of one year and seven months, to commence on 11 November 2014.

Law: for three offences - aggravated break and enter and commit serious indictable offence in company; assault occasioning actual bodily harm in company; recklessly causing grievous bodily harm in company - an aggregate sentence of three years and nine months imprisonment with a non-parole period of one year and ten months, to commence on 11 November 2014. Catchwords: CRIMINAL LAW - particular offences - offences against the person during break and enter - sentence - relevant factors - Baker - prior conviction for recklessly causing grievous bodily harm - trained boxer - strong and supportive relationship - many personal references - well regarded young man - acceptance of actions as wrong - expression of remorse - low risk of re-offending - early plea of guilty - 25% discount - Lane - prior conviction for larceny and trespass - supportive family -fulltime employment - appreciation of impact on victims - low risk of re-offending - early plea of guilty - 25% discount - Law - prior conviction for possessing a prohibited drug - supportive family - past substance abuse issues - prior major depressive disorder in partial remission - did not take medication on night of offence - modest allowance for psychiatric vulnerability - demonstrated remorse - low to medium risk of re-offending - early plea of guilty - 25% discount - victim impact statement Legislation Cited: Crimes Act 1900, ss 59(1), 59(2), 112(2) Category: Sentence Parties: Regina (Crown) William Peter Baker (offender) Ian Lane (offender) Jarrod Mark Law (offender) Representation: Counsel: T Healey (for William Peter Baker) J Fitzgerald (for Jarrod Mark Law)