R v Riley [2018] NSWDC 515

District Court New South Wales

Medium Neutral Citation: R v Riley [2018] NSWDC 515 Hearing dates: 5 December 2018 Decision date: 05 December 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matters – SEQ 2,3,4 – taken into account on sentence. Special circumstances found – Bugmy & Fernando factors, deprived background, need for longer period on parole to assist the offender to cease using prohibited drugs and return to a law-abiding life within the community. Sentenced to a term of imprisonment of 4 years comprising of a NPP of 2 years and 6 months commencing on 31/3/18 and expiring on 30/9/20 and a balance of term of 1 year and 6 months commencing on 1/1020 and expiring on 30/3/22. Catchwords: CRIMINAL – sentence - reckless wounding – Form 1 matters - offences of intimidation, take and drive conveyance, possess prohibited drug - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 s 10(1) Drugs (Misuse and Trafficking) Act 1985 Cases Cited: Bugmy v R (2013) 249 CLR 571 Fernando 1992 (76 ACrimR 58) Category: Sentence Parties: Regina Matthew John RIley Representation: Counsel: Ms S Oliver Mr J Carty

Solicitors: Crown: Ms M McIvor File Number(s): 2018/00100547

Judgment 1. In this matter, Matthew Riley appears for sentence in respect of a single offence, being reckless wounding contrary to s 35(4) of the Crimes Act 1900. The maximum penalty provided is seven years' imprisonment and there is a standard non parole period in respect of such offences of three years. In addition to being sentenced in respect of that offence, he asks the Court to take into account three further offences, being an offence of intimidation contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007, take and drive conveyance contrary to s 154A(1)(a) of the Crimes Act 1900 and lastly, possess prohibited drug contrary to s 10(1) Drugs (Misuse and Trafficking) Act 1985, being less than 1 gram of marijuana or Indian hemp. 2. The facts have been agreed and are as follows: 3. The offender lived at 12 Seventh Avenue, Stuarts Point with his partner.