R v Pires [2017] NSWDC 341

District Court New South Wales

Medium Neutral Citation: R v Pires [2017] NSWDC 341 Hearing dates: 26 October 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1 The offender is convicted. 2 But for the plea of guilty, I would have imposed a sentence of three years and three months imprisonment. 3 In light of the plea, the offender is sentenced to serve a non-parole period of 1 year and 6 months imprisonment to commence on 24 November 2017 and to expire in 23 May 2019. Thereafter the offender is to be released on parole to serve an additional term of 1 year and 1 month imprisonment from 24 November 2017 to 23 June 2020. This makes for an overall head term of 2 years and 7 months imprisonment. 4 I vary the statutory ratio and find special circumstances. Catchwords: CRIMINAL – SENTENCE – reckless as to causing grievous bodily harm – ferocity of the attack – use of an improvised weapon – mere intoxication is not a mitigating factor – vulnerable victim – discount for guilty plea – prospects of rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: Dunn v R [2010] NSWCCA 128 Haoui v R [2008] NSWCCA 209 Hona v R [2016] NSWCCA 119 Longworth v The Queen [2017] NSWCCA 119 Nowak v The Queen [2008] NSWCCA 89 R v Bloomfield [1998] 44 NSWLR 734 R v Buddle [2005] NSWCCA 82 R v Channells (1997) (unreported, NSW Court of Criminal Appeal, Hunt CJ, Ireland and Dunford JJ, 30 September 1997) R v Douglas [2007] NSWCCA 31 R v Dungay [2012] NSWCCA 197 R v Esho [2001] NSWCCA 415 R v Ferguson [1999] NSWCCA 214 R v Mentez [2002] NSWCCA 415 R v Mitchell [2007] 177 ACR 194 R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Zoef [2005] NSWCCA 268 Category: Sentence Parties: Director of Public Prosecutions (Plaintiff) Andrew Olafs Pires (Defendant) Representation: Briony O'Loughlin (Plaintiff) Steven Schneider, HDO Lawyers (Defendant) File Number(s): 2016/379546 Publication restriction: No restriction