R v Smethurst [2018] NSWDC 488

District Court New South Wales

Medium Neutral Citation: R v Smethurst [2018] NSWDC 488 Hearing dates: 9 November 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [64] Catchwords: CRIMINAL LAW – sentencing – assault occasioning actual bodily harm – domestic violence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Conte v R [2018] NSWCCA 209 Munda v Western Australia (2013) 649 CLR 600 R v McNaughton (2006) 66 NSWLR 566 R v Todd [1982] 2 NSWLR 517 The Queen v Kilic (2016) 259 CLR 256 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Regina (Crown) Justin Smethurst (Offender) Representation: Counsel: Mr S Healy (Offender)

Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2016/154323 Publication restriction: None

Introduction 1. The Offender, Justin John Smethurst, appears before the Court today for sentencing in relation to an offence under s59(1) of the Crimes Act, being assault occasioning actual bodily harm. It has a maximum penalty of five years' imprisonment and no standard non parole period. On a s166 certificate is a further charge, sequence 1, of common assault which I am asked to deal with as part of the sentencing exercise in this case. 2. The Offender was committed for trial on 3 March 2017 from Gosford Local Court. A trial date was fixed for 24 September 2018. On 25 September 2018, the Offender pleaded guilty, after negotiating with the Crown, to the charges now before the Court. 3. The offending was committed on 22 February 2016 and the Offender was arrested on 20 April 2016. At the time of the offence, the Offender was the subject of a number of good behaviour bonds as well as a series of intensive corrections orders, all of which were ultimately revoked.