NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Thomas [2019] NSWDC 339 Hearing dates: 25 June 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Sentence of imprisonment of 3 years with a non-parole period of 1 year 6 months Catchwords: CRIME — Violent offences — Recklessly cause grievous bodily harm SENTENCING — Subjective considerations on sentence — Special circumstances SENTENCING — Non-parole period — Principles to be applied Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Markarian v R [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 Munda v State of Western Australia [2013] HCA 38 Qutami [2001] NSWCCA 353 Tepania v The Queen [2018] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Daryl William Thomas (Offender) Representation: Dion Carnell (Crown) Frank Coyne (counsel) (Offender)
Director of Public Prosecutions (NSW) (Crown) AKN & Associates Pty Ltd (Offender) File Number(s): 2018/00018994
EX TEMPORE JUDGEMENT (REVISED)
Introduction 1. Daryl William Thomas pleaded guilty in the Local Court at Campbelltown on 13 February 2019 to an offence of causing grievous bodily harm to SR when reckless as to causing actual bodily harm to him. The offence is contrary to s 35 (2) Crimes Act 1900. The maximum penalty specified for the offence is imprisonment for ten years.
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