R v Benjamin James Murphy [2018] NSWDC 203

District Court New South Wales

Medium Neutral Citation: R v Benjamin James Murphy [2018] NSWDC 203 Hearing dates: 30 January 2018, 27 April 2018 and 30 April 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1 The Offender is convicted. 2 The Offender is sentenced to 7 years imprisonment from 4 May 2016 to 3 May 2023. 3 The Offender is to serve a non-parole period of 4 years and 9 months to date from 4 May 2016 and to expire on 3 February 2021. Thereafter, the Offender is to serve an additional term of 2 years 3 months to date from 4 February 2021 and to expire on 3 May 2023. 4 The Offender's earliest possible release date is 3 February 2021. Catchwords: CRIMINAL LAW – Offence committed whilst subject to conditional liberty – wounding or grievous bodily harm with intent

SENTENCING – Aggravating Factors – Offence was committed while the Offender was on conditional liberty in relation to an offence – offender has a record of previous convictions – remorse not established – commission of offence whilst under influence of illicit substances – plea of Guilty – utilitarian value of plea – 12.5% discount on sentence – medium risk of reoffending – prospects of rehabilitation guarded Legislation Cited: Crimes Act 1900 (NSW) ss 33(1)(b), 192E(1)(a) Crimes Act (Sentencing Procedure) Act 1999 (NSW) ss 12, 21A, 22, 28, 44 Cases Cited: R v Chisari [2006] NSWCCA 19 R v Pitt [2005] NSWCCA 304 WW v R [2012] NSWCCA 165 Alkanaan v R [2017] NSWCCA 56 R v Thompson; R v Houlton [2000] 49 NSWLR 383 R v Burkowski [2009] NSWCCA 102 R v Gerald Thomas Martin [2002] NSWSC 577 Category: Sentence Parties: Regina (Crown) Murphy (Offender) Representation: Counsel: Ms S Gul (Crown) Mr B Brassil (Offender)