R v Ryan John West [2015] NSWDC 140

District Court New South Wales

Medium Neutral Citation: R v Ryan John West [2015] NSWDC 140 Hearing dates: 29 July 2015 Decision date: 31 July 2015 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: For orders see [40] Catchwords: Specially aggravated break, enter and steal; reckless wounding Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahadi v R (2007) 168 A Crim R 41 Pearce v R (1998) 194 CLR 610 Category: Sentence Parties: Director of Public Prosecutions (Crown) Ryan John West (Offender) Representation: Counsel: K Mulley (Crown) J Fitzgerald (Offender)

Solicitors: File Number(s): 14/230377 Publication restriction: Nil

remarks on sentence 1. The offender has pleaded guilty to the following charges: 1. Specially aggravated break and enter with intent to commit grievous bodily harm pursuant to s 113(3) of the Crimes Act 1900. The maximum penalty for this offence is 20 years imprisonment. 2. Reckless wounding pursuant to s 35(3) of the Crimes Act 1900. For this offence there is a maximum penalty of 10 years imprisonment, with a standard non-parole period of 4 years. 1. The sentence hearing took place at Newcastle District Court on 29 July 2015.

Circumstances of the Offending 1. The agreed Statement of Facts reveal that on 2 August 2014, a co-offender, Brian Magus, drove past premises in Fingal Bay and observed two men standing in the front yard. The co-offender stopped his vehicle and had a conversation with those two men. A short time later, the co‑offender again drove past the same premises and an argument ensued in which the various participants threatened each other. 2. Later that morning, the co-offender drove to the premises with the offender and two other persons. Two of the four men were wearing balaclavas and after they alighted from their vehicle, all four were armed with either baseball bats or pieces of wood. 3. The two male residents locked the front door to the premises and exited via the back door. The co-offenders forced entry into the premises, following which, they observed the two male residents to be at the front of the premises. The four offenders ran out and surrounded the two males. The co‑offender threw a scooter at the older male, who was hit also with an iron bar across his back and shoulder. He fell to the ground and was hit by a co‑offender around his head and ankles with both a lump of wood and a metal bar. 4. Whilst this was occurring, the offender had moved away onto the roadway and spoke to a witness. Another co-offender was attacking the younger of the two males. The attackers then left the scene. 5. The older male victim suffered the following injuries: 1. 1cm wound to the left eyebrow which required two sutures 2. Two large wounds to his head over the scalp, each approximately 8cm in length. One required 11 staples and the other 7. 3. Large boggy swelling and bruising to the right scalp parietal region, approximately 8cm in length. 4. Moderate bruising and swelling to the left elbow with an epidermal wound and a fracture. The fracture required operative repair and fixation. There was injury to the nerves in the left arm, the prognosis of which is guarded. 5. Bruising and abrasions to the left upper abdomen and tenderness and bruising to the left chest wall 6. Bruising and swelling to the left lower leg 7. Bruising and pain on movement of left mid foot region 8. Mild bruising over the left wrist 1. On 5 August 2014 the offender was arrested. He agreed to participate in an electronically recorded interview in which he told the police that he had "smoked a lot of cannabis that weekend and couldn't remember much", and he otherwise denied being present when the break-in and assault occurred.