R v Dale Anton Reynders [2016] NSWDC 107

District Court New South Wales

Medium Neutral Citation: R v Dale Anton Reynders [2016] NSWDC 107 Hearing dates: 24 May 2016 Decision date: 10 June 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [83] – [85] Catchwords: Assault occasioning actual bodily harm; assault police officer; multiple offences and aggregate sentencing Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Cahyadi v R [2007] NSWCCA 1 JM v R [2014] NSWCCA 297 Lukatela v Birch [2008] ACTSC 99 McIntosh v R [2015] NSWCCA 184 R v Caldwell [2016] NSWCCA 55 R v Rae [2013] NSWCCA 9 R v Van Ryn [2016] NSWCCA 1 Veen v R (No. 2) (1998) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Dale Anton Reynders (Offender) Representation: Solicitor: G Gaynor (Crown)

Counsel: G Denman (Offender) File Number(s): 14/259939 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender, who was born on 29 June 1980, was committed for trial on 4 June 2015 from the Cooma Local Court. Guilty pleas were entered to the following offences at the Queanbeyan District Court on 7 March 2016: 1. Assault occasioning actual bodily harm pursuant to s 59(1) of the Crimes Act 1900. The maximum penalty is 5 years imprisonment. 2. Assault police officer pursuant to s 58 of the Crimes Act 1900. The maximum penalty is 5 years imprisonment. 3. Cause grievous bodily harm to police officer and reckless as to causing actual bodily harm pursuant to s 60(3) of the Crimes Act 1900. The maximum penalty is 12 years and there is a standard non-parole period of 5 years. 4. Assault police officer and cause actual bodily harm pursuant to s 60(2) of the Crimes Act 1900. The maximum penalty is 7 years and there is a standard non-parole period of 3 years. 1. In addition, the offender has asked the court to take into account three charges on a Form 1. They are as follows: 1. Sequence 1 – Excluded person fail to leave premises. 2. Sequence 6 – Common assault. 3. Sequence 5 – Assault officer whilst in execution of duty. 1. The offences occurred on 4 September 2014 in the circumstances described below. The offender was arrested the same day and has spent one day in custody.