R v McCook [2019] NSWDC 636

District Court New South Wales

Medium Neutral Citation: R v McCook [2019] NSWDC 636 Hearing dates: 6, 27 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Paragraphs [45] to [48] Catchwords: CRIME — Violent offences — Reckless wounding — Wound with intent to cause grievous bodily harm — offences committed in custodial environment SENTENCING — Relevant factors on sentence — Co-offenders — Joint criminal enterprise — Parity SENTENCING — Subjective considerations on sentence — Special circumstances — Institutionalisation Legislation Cited: Crimes Act Crimes (Sentencing Procedure) Act Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v McNaughton (2006) 66 NSWLR 566 Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Ashley James McCook (Offender) Director of Public Prosecutions (Crown) Representation: Counsel: M Keaney (Offender)

Solicitors: E Freelander (Crown) M Adam (Adam & Associates) (Offender) File Number(s): 2017/00275966, 2018/00346749

SENTENCE 1. HIS HONOUR: The offender is to be sentenced for the following offences to which he has pleaded guilty. The first is that on 27 May 2017 at Goulburn whilst in company with Todd Pearce and Damien Russell he recklessly wounded Nathan Patterson. That is an offence under s 35 subs (3) of the Crimes Act and has a maximum penalty of ten years' imprisonment and there is an applicable standard non-parole period of four years. The second offence is that on 9 November 2018 at Silverwater he wounded Mitchell McPhail with intent to cause grievous bodily harm to him. That is an offence under s 33 sub-s (1)(a) of the Crimes Act. The offence has a maximum penalty of 25 years' imprisonment and there is an applicable standard non-parole period of seven years. The facts in relation to both offences are agreed.