R v Matthew Albert Sheather [2017] NSWDC 122

District Court New South Wales

Medium Neutral Citation: R v Matthew Albert Sheather [2017] NSWDC 122 Hearing dates: 18 May 2017 Decision date: 25 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Suspended Sentence. For Orders see [51] Catchwords: Recklessly inflict grievous bodily harm in company Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Green v R (2011) 244 CLR 462 Category: Sentence Parties: Director of Public Prosecutions (Crown) Matthew Albert Sheather (Offender) Representation: Counsel: P Kerr (Crown) J Gallagher (Offender) File Number(s): 15/279837 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect to 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 175 days in custody until 16 March 2016. The offence was committed whilst the offender was on conditional liberty, namely, he was on Appeal Bail in relation to a sentence for shop stealing imposed on 3 November 2015, namely, 3 month fixed term to date from 8 September 2015. 4. The co-offender, Horne Jnr, the son of the co‑offender Horne Snr, 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 Proceure) Act 1999 ("CSPA").