R v Conway [2019] NSWDC 891

District Court New South Wales

Medium Neutral Citation: R v Conway [2019] NSWDC 891 Hearing dates: 16 December 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 4 years with a non-parole period of 2 years 4 months. Catchwords: CRIME — Violent offences — Reckless wounding CRIME — Violent offences — Assault occasioning actual bodily harm SENTENCING — Relevant factors on sentence — Co-offenders — Parity SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Summary Offences Act 1988 Weapons Prohibition Act 1998 Cases Cited: Cahyadi v R [2007] NSWCCA 1 Majzoub v R [2019] NSWCCA 94 Moore v R [2019] NSWCCA 264 Patsan v R [2018] NSWCCA 129 R v Kilic (2016) 259 CLR 256; HCA 48

Category: Sentence Parties: Regina Sam Conway Representation: Counsel: Mr M Smith for Defence

Solicitors: Ms H Cantor for DPP File Number(s): 2019/1488

Judgment 1. Sam Conway, 27 years of age, appears for sentence in relation to the following offences: 1. Assault occasioning actual bodily harm, (victim April Huisman) an offence pursuant to s 59 (1), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is five years imprisonment. There is no prescribed standard non parole period. 2. Reckless wounding in company (victim Jamie Bridge), an offence pursuant to s 35 (3), Crimes Act. The maximum prescribed penalty for that offence is ten years imprisonment. There is a prescribed standard non parole period of four years. 1. The offender is also being sentenced for two further offences on a s 166 Certificate as follows: 1. Custody of a knife in a public place, an offence pursuant to s 11C(1), Summary Offences Act 1988 (NSW). The maximum prescribed penalty for that offence is two years imprisonment and/or a fine of 20 penalty units. 2. Possess or use a prohibited weapon without permit (Taser), an offence to pursuant to s 7 (1), Weapons Prohibition Act 1998 (NSW). The maximum prescribed penalty for that offence when dealt with on indictment is 14 years imprisonment when dealt with in the Local Court the maximum available penalty is two years imprisonment. 1. The offender pleaded guilty on 8 October 2019 at the Wyong Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence in respect of each offence of 25%. 2. It is agreed between the parties that the offender has spent nine months and 20 days in custody in relation to these offences (and other unrelated matters). 3. It is agreed that the sentence imposed today should be backdated to 24 February 2019.