R v Lambell [2019] NSWDC 78

District Court New South Wales

Medium Neutral Citation: R v Lambell [2019] NSWDC 78 Hearing dates: 06 March 2019 Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: Imprisonment for two (2) years Catchwords: CRIME — Violent offences — Reckless wounding SENTENCING — Plea of guilty — Whether earliest available opportunity — R v Borkowski considered — R v Dib followed SENTENCING — Offences in Gaol Legislation Cited: The Crimes (Sentence Procedure) Act 1999 The Crimes Act 1900 Cases Cited: Bugmy v R [2011] HCA 37 R v Borkowski (2009) 195 A Crim R 1 R v Dib [2003] NSWCCA 117 R v Hoskins [2004] NSWCCA 236 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Mooney v R [2016] NSWCCA 231 Osenkowski [1982] 5 A Crim R 394 Category: Sentence Parties: Regina (Crown) Ricky John Lambell (offender) Representation: Counsel: Ms V Garrity (Crown) Mr G Kumarasinhe (Offender) File Number(s): 2016/00341539

SENTENCE

HIS HONOUR: 1. Ricky John Lambell was listed for trial on Tuesday 5 March 2019, he faced an indictment alleging that on 9 November 2016 at Parklea Gaol he did wound Daniel Johnson with intent to cause him grievous bodily harm, contrary to s33(1)(a) of The Crimes Act. The statutory maximum for such an offence is 25 years and it has a standard non‑parole period of seven years. On Tuesday the Crown were granted leave to file a fresh indictment, the indictment alleged the original count and in the alternative that on the same date and place he did recklessly wound the complainant whilst in company contrary to section 35(3) of The Crimes Act. 2. The offender pleaded not guilty to count 1 and guilty to count 2, the alternative count. The Crown accepted that plea in full satisfaction of the indictment. The maximum penalty applicable is ten years, the maximum penalty is a yard stick for a sentencing Judge to take into consideration. A sentencing Judge should steer by it but not aim for it. An offence under section 35 is a table one offence under the Criminal Procedure Act 1986 and is capable of being dealt with in a Local Court unless an election is made for trial on indictment. 3. The maximum penalty that can be imposed in the Local Court is two years imprisonment.