R v Garth (No 2) [2017] NSWDC 471

District Court New South Wales

Medium Neutral Citation: R v Garth (No 2) [2017] NSWDC 471 Hearing dates: 27 October 2017, 8 December 2017 Decision date: 08 December 2017 Jurisdiction: Criminal Before: Townsden DCJ Decision: In respect of the previous offences of common assault and contravene a domestic violence order, where s 9 bonds were originally imposed, both bonds are revoked. In respect of each offence, the offender is sentenced to a term of imprisonment of 7 months. Those sentences are both to commence on 3 May 2014.

In respect of the offence of common assault, the offender is convicted and sentenced to 6 months' imprisonment. In respect of the affray, the offender is convicted and is sentenced to 9 months' imprisonment. Both sentences are to be partially accumulated on the first sentences and are to commence on 3 August 2014.

In respect of the offence of assault occasioning the death of Raynor Manalad, the offender is convicted and sentenced to a non-parole period of 8 years' imprisonment. The balance of the term is 2 years' imprisonment. The total term of imprisonment for this offence is therefore 10 years' imprisonment. That sentence is also to commence on 3 August 2014. The non-parole period will expire on 2 August 2022.

The total period of imprisonment is therefore 10 years and 3 months. The total non-parole period is 8 years and 3 months. Catchwords: CRIME — Public order offences — Affray CRIME — Violent offences — Assault causing death when intoxicated CRIME — Violent offences — Common assault SENTENCING — Aggravating factors — Breach of conditional liberty SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Non-parole period — Standard non-parole period SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality SENTENCING — Revocation — Failure to comply with sentence SENTENCING — Sentencing procedure — Findings of fact SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 (NSW), ss 25A, 25B Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Cases Cited: Garth v R [2017] NSWDC 469 Magaming v R (2013) 252 CLR 381; [2013] HCA 40 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Musgrove v R (2007) 167 A Crim R 424; [2007] NSWCCA 21 Pattalis v R [2013] NSWCCA 171 R v Halloun [2014] NSWSC 1705 R v Isaacs (1997) 41 NSWLR 375 Category: Sentence Parties: Regina (Crown) Hugh Bacalla Garth (Offender) Representation: Counsel: C Everson (Crown) R Wilson (Offender)