R v Clement Sefo [2018] NSWDC 257

District Court New South Wales

Medium Neutral Citation: R v Clement Sefo [2018] NSWDC 257 Hearing dates: 13 July 2018 Decision date: 19 September 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [62]. Catchwords: Recklessly inflict grievous bodily harm in company Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Anae v R [2018] NSWCCA 73 McCullough v R [2009] 194 ACrimR 439 Stevens v R [2017] NSWCCA 216 Thompson v Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Director of Public Prosecutions (Crown) Clement Sefo (Offender) Representation: Counsel: S Fraser (Offender)

Solicitors: S Jaeger (Crown) File Number(s): 16/269116 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender, who was born on 25 January 1980, is to be sentenced in respect of one count of recklessly inflict grievous bodily harm in company, pursuant to s 35(1) of the Crimes Act 1900. The maximum penalty for the offence is 14 years imprisonment and there is a Standard Non-Parole Period of 5 years imprisonment. 2. The offender was committed for trial on 7 March 2017. The matter was listed for trial and an Indictment presented averring a more serious charge. The Crown ultimately accepted an offer by the offender to plead guilty to the present charge, and thus, it was accepted by the offender that his plea came late in the proceedings, such that the utilitarian value of it had diminished. It was common ground that a discount in the order of 10-15% would be within legitimate sentencing discretion in accordance with the guideline judgment of Thompson v Houlton (2000) 49 NSWLR 383. 3. The offence occurred on 31 August 2016, when the offender was subject to a s 9 bond to be of good behaviour for 2 years, imposed on 10 May 2016. He was also on conditional liberty by way of three sentences of imprisonment for 12 months suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 ("CSPA") for offences of common assault, assault occasioning actual bodily harm and affray on 10 May 2016. The offender was arrested on 7 September 2016 and has been in custody in respect of this offence since his arrest.