R v Jerome SAFFEY [2019] NSWDC 137

District Court New South Wales

Medium Neutral Citation: R v Jerome SAFFEY [2019] NSWDC 137 Hearing dates: 18 April 2019 Date of orders: 18 April 2019 Decision date: 18 April 2019 Jurisdiction: Criminal Before: His Honour Judge G Lerve Decision: Sentence of imprisonment – see [55] Catchwords: Recklessly Cause Grievous Bodily Harm – unprovoked one punch attack – alcohol-fuelled violence - victim with ongoing sequelae – need for general deterrence Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Daniels v R [2016] NSWCCA 35 McCullough v R [2009] NSWCCA 94 Mitchell & Gallagher v R (2007) 177 A Crim R 94 R v Loveridge [2014] NSWCCA 120 Stevens v R [2017] NSWCCA 216 Wick v R [2017] NSWCCA 244 Category: Sentence Parties: Director of Public Prosecutions (The Crown) Jerome Saffey (Offender) Representation: Counsel:

Solicitors: Mr A Dixon for the Director of Public Prosecutions Mr J Cooper for and with the offender File Number(s): 2018/5693 Publication restriction: none

Judgment 1. The offender appeared at the Wagga Wagga Local Court on 19 September 2018 and pleaded guilty to one charge, namely that: "(He) did on 5 January 2018 at Ashmont in the State of New South Wales, cause grievous bodily harm to Colin Jennings and was reckless as to causing actual bodily harm to Colin Jennings" 1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court today and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. 2. The maximum penalty for the offence to which the offender appears for sentence is 10 years imprisonment. Parliament has specified a standard non-parole period of 4 years imprisonment in respect of the offence. As the matter carries a standard non-parole period I acknowledge that I am engaged in a one-step instinctive process in which two of the principle guideposts are the maximum penalty and the standard non-parole period.