R v Sartorel [2019] NSWDC 373

District Court New South Wales

Medium Neutral Citation: R v Sartorel [2019] NSWDC 373 Hearing dates: 17 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to a term of full-time imprisonment of two years and three months commencing 2 April 2018 and expiring on 1 July 2010, with a non-parole period of 18 months expiring on 1 October 2019. Catchwords: SENTENCING — Reckless wounding SENTENCING — Offence committed in custody SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Bugmy v R (2013) 249 CLR 571 R v McNaughton (2006) 66 NSWLR 566 Veen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Joshua (Justine) Sartorel (Offender) Representation: Solicitors: Constantino (Crown) Jameson (Offender) File Number(s): 2018/00103798

SENTENCE 1. The offender pleaded guilty in the Local Court and adhered to that plea before me to an offence that, on 2 December 2017 at Parklea Correctional Centre, whilst in the company of Bruno Schiavini, she recklessly wounded Ehsan Goordazi. That is an offence under s 35(3) of the Crimes Act and has a maximum penalty of ten years' imprisonment with a standard non‑parole period of four years. The facts are agreed and are as follows.

Facts of the offending 1. As at the date of the offence, the offender and the victim were inmates at Parklea Correctional Centre in a particular yard referred to in the facts. CCTV footage in the yard captured part of the offence. At around 2.56pm, the offenders, which includes a reference to the co-offender, and the victim were engaged in a physical altercation. The CCTV, which I have watched, does not capture the beginning of the altercation. However, on entering the view of the camera, the offender is seen to be facing away from the victim with her hands above her head in a defensive position. 2. The CCTV footage captures that her shirt has been ripped and the victim is seen to punch the offender twice to the back and side of the head. Fellow inmates observed this altercation from the undercover steps. A short time later, Skivini entered the paved area of the yard. He approached this offender, who was captured on CCTV grabbing at Skivini's shirt and pulling out a sharp object from the front of his pants. It was at this point that the offender obtained a shiv from Skivini. The offender having armed herself with a shiv, placed it in her right hand and held a shiv behind her back. She moved towards the victim, who is seen on the CCTV footage to back away. 3. At the time, Skivini remained standing next to the offender. The offender continued to move towards the victim, still holding the shiv behind her back. The victim and both offenders then moved out of sight of the camera. The incident lasted for about two minutes. Corrective officers were alerted to the altercation occurring in the yard. A direction was given to the offender and the victim to stop fighting, which was ignored. Another Correctives officer observed the victim and the offender make their way up the stairs. The Corrective officer observed the offender raise the shiv above her shoulders and swipe down towards the victim and observed blood coming from the neck of the victim. 4. The offender moved away from the victim towards what is described as the "2A chute", where she was met by a particular Corrective Services officer. She was placed in the chute to separate her from the victim and the victim was taken to the health clinic, where he received treatment for the injury on his neck. In terms of the injuries, the facts are that the victim was treated for puncture wounds to his neck, a 1 centimetre wound under the right ear and a 1 centimetre wound under the chin and bruising to his forehead. The injuries were deemed to be moderate in severity and did not require the victim to be hospitalised and he was treated at the Parklea Correctional Centre. 5. The offender also was treated for a minor injury to her lip and pain in both hands. The weapon itself was not recovered. The offender was charged on 2 April 2018 and did not partake in a record of interview. There appears to be lasting animosity between the offender and the victim. In addition to the facts, a disk containing the CCTV footage of the incident giving rise to the charge was tendered before me. A number of stills taken from that CCTV footage are incorporated in the agreed facts document that is before me.