R v Heath Innis Martin [2018] NSWDC 388

District Court New South Wales

Medium Neutral Citation: R v Heath Innis Martin [2018] NSWDC 388 Hearing dates: 5 December 2018 Decision date: 07 December 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [59]. Catchwords: Recklessly cause grievous bodily harm. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: R v Kirkland [2005] NSWCCA 130 R v Lullum (2016) 263 A Crim R 287 Category: Sentence Parties: Director of Public Prosecutions (Crown) Heath Innis Martin (Offender) Representation: Counsel: C Todd (Crown)

Solicitors: M Hempsall (Offender) File Number(s): 16/345330 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender has pleaded guilty to an offence of recklessly causing grievous bodily harm pursuant to s 35(2) of the Crimes Act 1900. The Crown has accepted that plea in full answer to an Indictment on which that charge was an alternative to Count 1. 2. The maximum penalty for the offence is 10 years imprisonment, and there is a Standard Non-Parole Period of 4 years imprisonment. 3. The offender has also been charged with, and entered pleas of guilty to, three charges on a certificate pursuant to s 166 of the Criminal Procedure Act 1986, namely: H62835147/2 – Stalk/intimidate intend fear physical etc harm H62835147/3 – Stalk/intimidate intend fear physical etc harm H62835147/4 – Threaten to destroy or damage other persons property