R v Downes [2019] NSWDC 696

R v Downes [2019] NSWDC 696

Given the objective seriousness of the three offences, particularly the separate violent acts during an alcohol-fuelled incident in a public place, the use of a weapon, and general deterrence needs, a sentence of full-time imprisonment is required. Applying the aggregate sentencing provisions, an aggregate sentence of three years imprisonment with a non-parole period of two years is appropriate, with special circumstances found for a longer parole period due to rehabilitation prospects.

Jurisdiction
Australia
Judgment Date
01 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['affray' 'assault Occasioning Actual Bodily Harm' 'reckless Wounding' 'sentencing' 'aggregate Sentence of Imprisonment' 'aggravating Factors' 'use of Weapon']
['criminal Law'] ['affray' 'assault Occasioning Actual Bodily Harm' 'reckless Wounding' 'sentencing' 'aggregate Sentence of Imprisonment' 'aggravating Factors' 'use of Weapon']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offences of affray, assault occasioning actual bodily harm, and reckless wounding involving alcohol-fuelled violence and use of weapon; consideration of aggravating and mitigating factors; application of aggregate sentencing provisions']

Ratio Decidendi

Given the objective seriousness of the three offences, particularly the separate violent acts during an alcohol-fuelled incident in a public place, the use of a weapon, and general deterrence needs, a sentence of full-time imprisonment is required. Applying the aggregate sentencing provisions, an aggregate sentence of three years imprisonment with a non-parole period of two years is appropriate, with special circumstances found for a longer parole period due to rehabilitation prospects.

Court Disposition

Convicted and sentenced

Orders

  • ['Convicted on three counts: affray (s 93C Crimes Act), assault occasioning actual bodily harm (s 59 Crimes Act), reckless wounding (s 35(4) Crimes Act).' 'Indicative sentences: 2 years imprisonment (affray), 9 months imprisonment (assault occasioning actual bodily harm), 2 years imprisonment with 1 year 4 months...