R v Russell Edward Horne [2017] NSWDC 121

District Court New South Wales

Medium Neutral Citation: R v Russell Edward Horne [2017] NSWDC 121 Hearing dates: 18 May 2017 Decision date: 25 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Suspended sentence. For orders see [56] Catchwords: Recklessly inflict grievous bodily harm in company Legislation Cited: Crimes Act 1900 Crimes (Sentencing Proceure) Act 1999 Cases Cited: Green v R (2011) 244 CLR 462 Category: Sentence Parties: Director of Public Prosecutions (Crown) Russell Edward Horne (Offender) Representation: Counsel: P Kerr (Crown Prosecutor) T Warr (Offender)

Solicitors: File Number(s): 15/280284 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of an offence pursuant to s 35(1) of the Crimes Act 1900 of recklessly inflict grievous bodily harm (in company). 2. The maximum penalty for the offence is 14 years imprisonment, and there is a standard Non-Parole Period of 5 years imprisonment. 3. The offence occurred on 19 September 2015. The offender was arrested on 24 September 2015 and spent nine days in custody. A co-offender, Matthew Sheather is to be sentenced in respect to the same offence. 4. Another co-offender, Russell Noel Horne ("Horne Jnr"), the son of the offender, pleaded guilty to an offence of recklessly inflict grievous bodily harm, contrary to s 35(2) of the Crimes Act 1900. He was sentenced at the Young Local Court on 5 July 2016 to a term of imprisonment of 9 months, suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 ("CSPA").