R v James Ian Longworth [2016] NSWDC 132

District Court New South Wales

Medium Neutral Citation: R v James Ian Longworth [2016] NSWDC 132 Hearing dates: 28, 29 January 2016 Date of orders: 18 February 2016 Decision date: 18 February 2016 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. The offender is sentenced to four years and ten months imprisonment. The sentence commences on 14 February 2016 and expires on 13 December 2020. I fix a non-parole period of three years that will commence on 14 February 2016 and expire on 13 February 2019. The offender is eligible for parole on 13 February 2019. 2. The backup charge of assault occasioning actual bodily harm is withdrawn and dismissed. Catchwords: CRIMINAL LAW – particular offences – offences against the person – assault – circumstances of aggravation and aggravated assaults – one punch causing grievous bodily harm to bar security; CRIMINAL LAW – sentence – relevant factors – nature and circumstances of offence – consequences of offence or impact on victim - whether injury (brain damage) in upper reaches of grievous bodily harm – relevance of offender's depression and intoxication – knowledge of consequences of one punch – general deterrence on offender – impact of media coverage - whether or not full-time custody required Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Field v R [2015] NSWCCA 332 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Angelos (unreported, Haesler SC DCJ, District Court of New South Wales, 4 October 2014) R v Loveridge [2014] NSWCCA 120; (2014) 243 A Crim R 31 R v Mooney (unreported, Young CJ, Victorian Court of Criminal Appeal, 21 June 1978) Category: Sentence Parties: Regina (Crown) James Ian Longworth (Offender) Representation: Counsel: Mr J Pickering SC (Crown) Mr H Dhanji SC with Ms C O'Neill (Offender)