R v Hinton [2019] NSWDC 380

District Court New South Wales

Medium Neutral Citation: R v Hinton [2019] NSWDC 380 Hearing dates: 17 April 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to a term of imprisonment of seven and a half years' imprisonment commencing on 26 May 2018 and expiring on 25 November 2025, with a non-parole period of five years expiring on 25 May 2023 Catchwords: SENTENCING — cause grievous bodily harm with intent — sentence of full-time imprisonment SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Hayek v R [2016] NSWCCA 126 Muldrock v The Queen (2011) 244 CLR 120 R v Henry (1999) 46 NSWLR 346 R v McNaughton (2006) 66 NSWLR 566 Veen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Earnie Hinton (Offender) Representation: Solicitors: Abdi (Offender) Constantino (Crown) File Number(s): 2017/357304

SENTENCE 1. The offender pleaded guilty in the Local Court and adhered to that plea before me to a charge of causing grievous bodily harm to Nicolas Davis with intent to cause grievous bodily harm, on 17 November 2017. That is an offence under s 33(1)(b) of the Crimes Act. It has a maximum penalty of 25 years' imprisonment, and there is an applicable standard non‑parole period of seven years.