R v Jeremiah [2015] NSWDC 316

District Court New South Wales

Medium Neutral Citation: R v Jeremiah [2015] NSWDC 316 Decision date: 28 August 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offences of wounding with intent to cause grievous bodily harm and entering a building with intent to commit a serious indictable offence in circumstances of aggravation, an aggregate sentence of imprisonment of 6 years with a non-parole period of 3 and a half years. Form 1 taken into account. Catchwords: CRIMINAL LAW – Sentence – particular offences – offence against the person – wounding with intent to cause grievous bodily harm – victim wounded with hammer – serious injuries requiring surgery – property offence – aggravated enter building with intent – gravity of offences – not far below the middle range of objective seriousness – relevant factors – youth of offender – 18 years old at time of offending – unstable childhood – diagnosed psychological conditions - aggravating factors – offences committed whilst on probation – offence committed in the home of the victim – prior criminality – record includes offences of violence and property offences – prospects of rehabilitation guarded – consideration of competing purposes of sentencing - little weight given to unverified expression of remorse - pleas of guilty entered at different times – discounts of 25% and 10% - special circumstances for adjusting ratio between head sentence and non-parole period – youth of offender – need for assistance upon release on parole – common assault on Form 1 taken into account Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 61, 111(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss, 3SA, 32, 53A Cases Cited: Adams v R [2011] NSWCCA 47 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 R v Porter [2015] NSWCCA 59 Category: Sentence Parties: Regina (Crown) Moromi Jeremiah (Offender) Representation: Counsel: M Paish (Crown) R Munro (Offender) Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) J Harb, Ly Lawyers (Offender) File Number(s): 2013/290430