R v Munro [2015] NSWDC 353

District Court New South Wales

Medium Neutral Citation: R v Munro [2015] NSWDC 353 Decision date: 01 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of reckless wounding, a sentence of imprisonment of 3 years and 4 months to commence on 11 May 2015 and to expire on 10 September 2018. A non-parole period of 2 years is fixed to commence on 11 May 2015 and to expire on 10 May 2017. Catchwords: CRIMINAL LAW – Sentence – particular offence – offence against the person – reckless wounding – stabbing to the chest with scissors – gravity of offence – above the middle of the range of objective seriousness – injury to vital part of the body – offence occurred just outside home of the victim – more weight to be given to general deterrence – nature and circumstances of offender – prior criminality – record of offences of personal violence – aggravating factor – Indigenous woman from unstable background – Fernando principles – remorse – apologised in court – undertaking rehabilitation program in custody – fair prospects of rehabilitation – plea of guilty at earliest opportunity – 25% discount – special circumstances for altering the ratio between the head sentence and non-parole period – extended period of supervision required to overcome drug and alcohol issues Legislation Cited: Crimes Act 1900 (NSW), s 35(4) Crimes (Sentencing Procedure) Act 1999, s 21A Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Regina (Crown) Neesha Rebecca Munro (Offender) Representation: Counsel: P Coady (Offender)