R v De Sousa and Lafferte [2023] NSWDC 613

R v De Sousa and Lafferte [2023] NSWDC 613

Both offenders pleaded guilty to offences arising from an unprovoked attack. The seriousness of the offences, their criminal histories, and findings as to mental health and subjective factors all influenced the calculation of sentences. Special circumstances justified departure from standard non-parole ratio for both. The sentences imposed reflected the need for punishment, deterrence, community protection, recognition of harm, and prospects of rehabilitation.

Parties
Crown: NSW DPP; Offender: Michael De Sousa; Offender: Johanna Marjory Lafferte
Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Criminal / Sentence
Outcome
Both offenders convicted. Sentences of imprisonment imposed, with findings of special circumstances and discounted for pleas of guilty.
Legal Topics
Affray, Recklessly Cause Grievous Bodily Harm in Company, Sentencing
Criminal Law Affray Recklessly Cause Grievous Bodily Harm in Company Sentencing

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Parties

NSW DPP

Crown

Michael De Sousa

Offender

Johanna Marjory Lafferte

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Objective seriousness of affray and recklessly causing grievous bodily harm in company
  2. 2 Appropriate sentence and whether special circumstances exist
  3. 3 Effect of subjective circumstances and moral culpability

Ratio Decidendi

Both offenders pleaded guilty to offences arising from an unprovoked attack. The seriousness of the offences, their criminal histories, and findings as to mental health and subjective factors all influenced the calculation of sentences. Special circumstances justified departure from standard non-parole ratio for both. The sentences imposed reflected the need for punishment, deterrence, community protection, recognition of harm, and prospects of rehabilitation.

Court Disposition

Both offenders convicted. Sentences of imprisonment imposed, with findings of special circumstances and discounted for pleas of guilty.

Orders

  • Johanna Lafferte: Convicted and sentenced to 2 years 5 months imprisonment for reckless grievous bodily harm in company, non-parole period of 19 months (19 May 2022 – 18 Dec 2023), head sentence expires 18 Oct 2024. 25% guilty plea discount applied. Special circumstances found.
  • Michael De Sousa: Convicted and sentenced to aggregate 3 years 2 months imprisonment for affray and reckless grievous bodily harm in company, non-parole period of 2 years 2 months (2 Mar 2022 – 1 May 2024), head sentence expires 1 May 2025. 5% guilty plea discount applied. Special circumstances found.