R v Crimmins [2018] NSWDC 482

District Court New South Wales

Medium Neutral Citation: R v Crimmins [2018] NSWDC 482 Hearing dates: 18 October 2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [86] Catchwords: CRIMINAL LAW – sentencing – recklessly causing grievous bodily harm Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Suksa-Ngacharoen v R [2018] NSWCCA 142 Texts Cited: None Category: Sentence Parties: Regina (Crown) Maxwell Crimmins (Offender) Representation: Counsel: Mr J O'Sullivan (Offender)

Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2017/248533 Publication restriction: None

Introduction 1. The offender appears before the Court today for sentence in respect of a charge of recklessly causing grievous bodily harm in contravention of s 35(2) of the Crimes Act. The charge has a maximum applicable penalty of 10 years imprisonment and a standard non-parole period of 4 years imprisonment. Those are the legislative guideposts which assist the Court in determining how to approach the sentence and the seriousness of the offending. In my view the seriousness of the offending is substantial and the injuries arising from the conduct of the offender have been catastrophic.

Procedural History 1. I note that the offending took place on 28 May 2017 and that the Offender, largely through his own conduct, was not arrested by the police until 15 August 2017. He was committed from sentence from the Wyong Local Court on 3 July 2018 and has spent no time in custody in respect of this matter. It is submitted that he is entitled to a discount on account of his guilty plea, which I will return to in a moment. 2. There are no matters on a Form 1 or a s 166 certificate that the Court needs to consider. 3. I note that there is a co-offender by the name of Rowan Ritchens who has a trial listed 18 March 2019 but for different offences, namely three counts of pervert the course of justice. So there is no need for the Court to embark upon a consideration of parity, particularly as Mr Ritchens has not yet faced trial and any sentence to be imposed if guilty is unknown.