R v McKay [2019] NSWDC 294

District Court New South Wales

Medium Neutral Citation: R v McKay [2019] NSWDC 294 Hearing dates: 15 May 2019 Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate term of imprisonment of 8 years 6 months with a non-parole period of 4 years 6 months Catchwords: CRIME — Violent offences — Wound with intent to cause grievous bodily harm CRIME — Public justice offences — Do an act with intent to pervert course of justice Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy [2013] HCA 37 Callaghan [2006] NSWCCA 58 De La Rosa principles [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 Qutami [2001] NSWCCA 353 Tepania v The Queen [2018] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Shakarma McKay (Offender) Representation: Mr Hudson (Crown) Ms Lewer (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Ruth Chalmers Lawyers (Offender) File Number(s): 2017/00019551

EX TEMPORE JUDGEMENT (REVISED) 1. Shakarma McKay first appeared in this Court before me on 4 February 2019 after she had before then pleaded guilty to two offences upon which she had been arraigned. 2. The matter proceeded with the tender of the Crown bundle and information provided with regard to her custodial history and the sentence she suffered for a charge of reckless wounding inflicted upon the same victim. Material was tendered on her behalf, namely two reports from psychiatrist Dr Ellis written on 7 January 2019 and 29 May 2017 respectively. There was an email from Dr Ellis and also a letter from the offender and letters from her family and certificates showing her progress in custody. 3. After I read the material I was concerned at what I thought were inconsistencies in what had been provided, and it was the case and remains so, for which in my view the decision in Qutami [2001] NSWCCA 353 has some application. In that decision Smart AJ added a comment toward the end of his reasons expressed in the following terms: