Berryman v R; Wood v R [2018] NSWDC 486

District Court New South Wales

Medium Neutral Citation: Berryman v R; Wood v R [2018] NSWDC 486 Hearing dates: 21 May 2018; 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Berryman: The sentence appeal is dismissed. The orders of the learned magistrate are varied.. I find special circumstances - the offender's first time in custody, and age (19) at the time of committing the offence, the need for longer period on supervised parole to assist the offender to return to a useful life in the community. The offender should be required to undertake psychiatric counselling. Sentenced to a term of imprisonment for 20 months comprising of a NPP of 10 months to commence on 25/5/18 and to expire on 24/3/19 and a balance of term of 10 months to commence on 25/3/19 and to expire on 24/1/20. To be released to parole on 26/1/19. The terms of the supervised parole I leave to Community Corrections however it is my opinion that the offender should be required to undertake psychiatric counselling. Woods: The sentence appeal is dismissed. The orders of the learned magistrate are varied – the sentence is reduced by 4 months to reflect parity issues. I find special circumstances - the first time in custody and age (19) at the time of committing the offence, the need for longer period on supervised parole to assist the offender to return to a useful life in the community. The offender should be required to undertake psychiatric counselling. Sentenced to a term of imprisonment for 20 months comprising of a NPP of 10 months to commence on 27/3/18 and to expire on 26/1/19 and a balance of term of 10 months to commence on 27/1/19 and to expire on 26/11/19. To be released to parole on 26/1/19. The terms of the supervised parole I leave to Community Corrections however it is my opinion that the offender should be required to undertake psychiatric counselling. Catchwords: CRIMINAL – sentence appeal judgment - seriously injure and kill, while causing prolonged suffering to an animal, being a kangaroo – parity – equal moral culpability where one offender inflicted the injury and killed the animal and the other encouraged and filmed the offence Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Kyle William Berryman Samuel Jade Woods Regina Representation: Solicitors: Mr J Gibson Mr M Manwaring File Number(s): 2017/00149088 – Berryman; 2017/00176988 - Woods Decision under appeal Court or tribunal: Orange Local Court Jurisdiction: Criminal Date of Decision: 13 February 2018; 27 March 2018 Before: Magistrate D Day File Number(s): 2017/00149088 – Berryman; 2017/00176988 - Woods