R v Steller [2017] NSWDC 274

District Court New South Wales

Medium Neutral Citation: R v Steller [2017] NSWDC 274 Hearing dates: 21 July 2017 and 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Criminal Before: Bright DCJ Decision: Sentenced to a non-parole period of 2 years and 4 months and a balance of term of 1 year. Catchwords: CRIMINAL LAW – Sentence – assault occasioning actual bodily harm – common assault – recklessly wound. Legislation Cited: Crimes (Sentencing Procedure) Act, 1999 Crimes Act 1900 Cases Cited: Attorney General's Application No 1 of 2002 (2002) NSWCCA 518 R v De Simoni (1981) 147 CLR 383 R v Pitcher Unreported 19 February 1996 R v Smith [2005] NSWCCA 286 R v Palmer [2005] NSWCCA 349 Category: Sentence Parties: The Crown Christine Steller Representation: Counsel: Ms Suters – Offender

Solicitors: Ms Henry – Crown File Number(s): 2013/00306812 Publication restriction: There is to be no publication of the names of the complainants or any material which may tend to identify the complainants.

Judgment 1. Christine Steller (born November 1961, aged fifty-five years, the "offender") appears for sentence having pleaded guilty at the Newcastle District Court on 15 November 2017 to the following offences: * Count 1: Between the 1st day of April 2012 and the 30th day of April 2012, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (section 59(1) Crimes Act 1900). * Count 2: Between the 1st day of October 2012 and the 30th day of October 2012, at Lakelands in the State of New South Wales, did assault HN (s61, Crimes Act 1900). * Count 4: Between the 1st day of October 2012 and the 30th day of October 2012, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900). * Count 5: Between the 26th day of January 2013 and the 29th day of January 2013, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900). * Count 6: Between the 26th day of January 2013 and the 29th day of January 2013, at Lakelands in the State of New South Wales, did recklessly wound HN (s35(4) Crimes Act 1900). * Count 8: Between the 1st day of April 2013 and the 31st day of May 2013, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900). * Count 9: Between the 1st day of August 2013 and the 31st day of August 2013, at Lakelands in the State of New South Wales, did assault HN (s61 Crimes Act 1900). * Count 10: Between the 1st day of August 2013 and the 31st day of August 2013, at Lakelands in the State of New South Wales, did assault AN thereby occasioning actual bodily harm to her (s59(1) Crimes Act 1900). * Count 11: Between the 1st day of July 2013 and the 30th day of September 2013, at Lakelands in the State of New South Wales, did assault AN thereby occasioning actual bodily harm to her (s59(1) Crimes Act 1900). * Count 12: Between the 8th day of September 2013 and the 10th day of September 2013, at Lakelands in the State of New South Wales, did assault AN thereby occasioning actual bodily harm to her (s59(1) Crimes Act 1900). * Count 13: On the 4th day of October 2013, at Lakelands in the State of New South Wales, did assault HN thereby occasioning actual bodily harm to him (s59(1) Crimes Act 1900). 1. The maximum prescribed penalties are as follows: 1. Assault occasioning actual bodily harm – 5 years imprisonment. 2. Common assault – 2 years imprisonment. 3. Reckless wounding –7 years imprisonment, prescribed standard non-parole period 3 years. 1. The offender has also asked that the Court take into account further offences on 2 Form 1 documents as follows: 1. In relation to count 6 - 2 further offences of common assault and neglect child in her care in relation to HN. 2. In relation to count 11 - 2 further offences of common assault and neglect child in her care in relation to AN 1. The pleas of guilty were entered in the week before the matter was to proceed to trial on 21 November 2016. Having regard to the timing of the plea I propose to allow a discount of 15%.