R v BJ [2017] NSWDC 234

District Court New South Wales

Medium Neutral Citation: R v BJ [2017] NSWDC 234 Hearing dates: 24, 26 and 27 April 2017 Date of orders: 05 June 2017 Decision date: 05 June 2017 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: The offender is sentenced to full-time imprisonment. I set a non-parole period of 4 years and a head sentence of 6 years. Catchwords: CRIMINAL LAW – sentence – recklessly cause grievous bodily harm – six-month-old child victim – burn injury – disputed facts hearing – nominated increase to penalty by reference to Form 1 offence Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Blackwell v The Queen [2011] NSWCCA 93 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Engert (1995) 84 A Crim R 67 R v Fernando (1992) 76 A Crim R 58 Kennedy v R [2010] NSWCCA 260 R v Lolesio [2014] NSWCCA 219 R v Nolan [2017] NSWCCA 91 The Queen v Olbrich [1999] HCA 54; 199 CLR 270 Category: Sentence Parties: The Crown BJ Representation: Counsel: Mr P Doyle – The Offender Ms M Knowles – The Crown

Solicitors: Director of Public Prosecutions – The Crown Doyle Legal – The Offender File Number(s): 2013/00357505 Publication restriction: There is to be no publication of the name of the victim, nor identification by name of members of his family.