R v Wyatt [2019] NSWDC 490

District Court New South Wales

Medium Neutral Citation: R v Wyatt [2019] NSWDC 490 Hearing dates: 18 - 22 February 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Convicted and sentenced to 3 years and 3 months imprisonment with a non-parole period of 2 years and 2 months. Catchwords: Sentence – reckless wounding – after trial- special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Imbornone v R [2017] NSWCCA 144 Veen v R (No 2) [1988] HCA 14 Category: Sentence Parties: Regina (Crown) Matthew Wyatt (Offender) Representation: Counsel: Mr D Brack for the Crown Mr D Murray of counsel

Solicitors: David Kelly Lawyers File Number(s): 2018/00032969 Publication restriction: Nil

SENTENCE 1. Matthew John Wyatt born in 1983, 36 years of age appeared for trial at Gosford District Court on 18 February 2019 in relation to the following counts on indictment: Count 1, on about 27 January 2018 at Umina Beach in the State of New South Wales wounded Gary Phyllis with intent to cause grievous bodily harm, an offence pursuant to s 33(1)(a) of the Crimes Act. 1. The Director further charged in the alternative to count 1 that: Count 2, on or about 27 January 2018 at Umina Beach in the State of New South Wales recklessly wounded Gary Phyllis, an offence pursuant to s 35(4) of the Crimes Act. 1. The offender pleaded not guilty to both counts. The trial proceeded with a jury for five days. 2. On 22 February 2019, the fifth day of the trial, shortly before the defence closing address was due to commence, the offender pleaded guilty to the alternative count 2. 3. The maximum prescribed penalty for an offence pursuant to s 35 (4), Crimes Act of reckless wounding is seven years' imprisonment. There is a prescribed standard non-parole period of three years. Having regard to the timing of the plea of guilty, I propose to allow a discount on sentence of 5%. 4. The offender has been in custody for one year four months and two days since 20 February 2018. After he was arrested on 7 February 2018, he served a balance of parole between 7 February 2018 and 29 February 2018. The commission of the current offence was the sole reason for the revocation of his parole. Having regard to that breach of parole, I propose to backdate the sentence to 20 February 2018.