R v Misdale [2019] NSWDC 858

District Court New South Wales

Medium Neutral Citation: R v Misdale [2019] NSWDC 858 Hearing dates: 16 December 2019 Date of orders: 16 December 2019 Decision date: 16 December 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: Aggregate sentence 7 years 6 months NPP 4 years 6 months Catchwords: CRIME. SENTENCE.

3 Offences: Wound with intent to cause GBH Assault causing ABH Reckless wounding

2 Form 1 offences: Common assault Intimidation

Pleas of guilty – 30 year old male – Long history of alcohol fuelled violence – All but one offence (reckless wounding) were domestic violence offences – Other victim a male friend knocked unconscious in a cowardly attack – Need for treatment and supervision. Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 19860 Category: Sentence Parties: Jack Misdale – Offender Regina – Crown Representation: Counsel: K. Prince – Crown D. Provera – Offender

Solicitors: M. O'Connell – Crown M. Heffernan – Offender File Number(s): 2019/00029589 Publication restriction: Nil.

Judgement 1. HIS HONOUR: Jack Misdale stands for sentence as a consequence of pleading guilty to three charges. The offender also asks me to take into account two matters on a Form 1. Originally, the offender was charged with 15 different offences. They can be found in the certificate under s 66(1) of the Criminal Procedure Act 1986 which forms part of exhibit 1. 2. The offender was born in July 1988. At the time of the offences now in question he was 30 years old. He is now 31 years old. At the time of the offences now in question, Ms Sarah Johnston was aged 32 years. I shall refer to her as the complainant. Another victim of one of the offender's crimes was Mr Andrew McClintock. At the time that he was seriously assaulted he was 37 years old: in fact, the time of the assault was his 37th birthday. The offender and the complainant met in early 2017. They formed an intimate relationship which ended in October 2017. However, in October 2018 they recommenced their relationship.