Sutherland v R [2016] NSWDC 266

District Court New South Wales

Medium Neutral Citation: Sutherland v R [2016] NSWDC 266 Hearing dates: 6 - 7 June 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal allowed

Sentence passed by the Local Court at Sutherland on 3 March 2016 set aside

Appellant sentenced to good behaviour bond for a period of 18 months Catchwords: CRIMINAL LAW – Severity appeal – Assault occasioning actual bodily harm – Coward punch – Appellant suffers from borderline personality disorder – At time of the offence appellant was having medication adjusted – At time of the offence appellant was consuming alcohol – Appellant aware that alcohol would affect efficacy of medication – Appellant suffering from mental condition for purposes of s 32(1) Mental Health (Forensic Provisions) Act 1990 – More appropriate to deal with appellant according to law – No direct medical evidence of victim's injuries – Full-time custodial sentence excessive Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Pattalis v R [2013] NSWCCA 171 Category: Principal judgment Parties: Brittany Jade Sutherland (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Mr P Kondich (Appellant) Counsel for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/150946 Publication restriction: No Decision under appeal Court or tribunal: Sutherland Local Court Jurisdiction: Criminal Date of Decision: 3 March 2016 Before: Bartley LCM File Number(s): 2015/00150946