Milgate v R; Milgate v R [2019] NSWDC 808

District Court New South Wales

Medium Neutral Citation: Milgate v R; Milgate v R [2019] NSWDC 808 Hearing dates: 29 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [16] to [18] Catchwords: CRIME — Appeals— Appeal from Local Court to District Court — By person sentenced against sentence — Appeal dismissed CRIME — Violent offences — Assault occasioning actual bodily harm — in company — affray using unlawful violence SENTENCING — Violent offences — alcohol-fuelled violence — CCTV footage — high-level of objective seriousness — general deterrence Cases Cited: Stevens v R [2007] NSWCCA 152 Category: Principal judgment Parties: Blake Milgate Mitchell Milgate Director of Public Prosecutions Representation: Solicitors: L Graham (ODPP) S Beckham (Appellants) File Number(s): 2019/00040780 - R v Mitchell MILGATE 2019/00040611 - R v Blake MILGATE

JUDGMENT 1. HIS HONOUR: The two appellants Blake and Mitchell Milgate appeal sentences imposed at Penrith Local Court on 25 October 2019 for the following offences: assault occasioning actual bodily harm while in company concerning Tyson Gampe where they were respectively in company with each other and Wendall Milgate and also an offence of affray using unlawful violence towards Shannon Rushworth and Tyson Gampe. In respect of both offences the Local Court imposed fully concurrent sentences of 18 months imprisonment with non‑parole periods of 12 months for each of the appellants. 2. The facts were agreed in the Local Court by both offenders and their lawyers; there is some slight difference in the two agreed facts documents but they were agreed facts which were before the Local Court. An attempt today was made to reopen the facts which was eventually abandoned. There is also closed circuit television footage of the incident which was tendered in the Local Court and also before me and I have had an opportunity to watch it in open court and in my chambers before giving the result of the appeal.