R v Lawrence [2019] NSWDC 666

District Court New South Wales

Medium Neutral Citation: R v Lawrence [2019] NSWDC 666 Hearing dates: 11 July 2019 Decision date: 11 July 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 6 years 2 months. Non parole period of 3 years 8 months. Catchwords: CRIME – enter with intent – circumstances of aggravation – intimidation – intentional wounding - in company. SENTENCING - Sentencing procedure – late guilty plea – leave to present fresh indictment – Early Appropriate Guilty Plea (EAGP) system applies – new count but substantially the same facts – appropriate method to calculate discount –strictly arithmetical approach not possible SENTENCING - Relevant factors on sentence – 5% discount for plea – acceptance of responsibility – on bail – Local Court sentence served – proper commencement date – accumulation – totality principle applied – prior criminal record for violent offences – background of deprivation – failed attempt at normal community life – negative lessons learnt from imprisonment – protection of the community -special circumstances. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Markarian v The Queen (2005) 228 CLR 357 Munda v Western Australia (2013) 249 CLR 600 Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Steven Lewis James Lawrence (the offender) Director of Public Prosecutions Representation: Counsel: Mr Z Khan (for the offender) Ms G Steedman, Solicitor Advocate, Director of Public Prosecutions