R v Downes [2019] NSWDC 696

District Court New South Wales

Medium Neutral Citation: R v Downes [2019] NSWDC 696 Hearing dates: 1 November 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraph [47] Catchwords: CRIME — Public order offences — Affray CRIME — Violent offences — Assault occasioning actual bodily harm — Reckless wounding SENTENCING — Aggregate sentence of imprisonment SENTENCING — Aggravating factors — Use of weapon Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 Category: Sentence Parties: Director of Public Prosecutions (DPP) Aaron David Downes (Offender) Representation: Counsel: D McMahon (Offender)

Solicitors: J McWhirter (DPP) J Marsh (Marsh Blom Lawyers) (Offender) File Number(s): 2018/00386430

SENTENCE 1. HIS HONOUR: The offender pleaded guilty in the Local Court and adhered to those pleas before me to the following three offences. That on 15 December 2018 at Penrith he used unlawful violence towards Kaden Waters and Brendan Hardacre, and that such conduct would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. That is an offence of affray under s 93C of the Crimes Act and has a maximum penalty of ten years imprisonment. The second offence is that on the same date and place the offender assaulted Rebecca Crowley, thereby occasioning her actual bodily harm. That is an offence under s 59 of the Crimes Act and there is a maximum penalty of five years imprisonment. The third offence is that on the same date and place the offender recklessly wounded Jordan Clark. That is an offence under s 35(4) of the Crimes Act and has a maximum penalty of seven years imprisonment with a standard non-parole period of three years.