R v Hand [2019] NSWDC 917

R v Hand [2019] NSWDC 917

The offending involved serious violence against Mr Pearce, including a midrange objectively serious aggravated break and enter with reckless wounding committed while the offender knew persons were present, a serious assault occasioning actual bodily harm resulting in a broken finger, and significant threats to the offender's mother in demanding money. In light of the offender's prior similar offending, significant risk of reoffending unless he ceased prohibited drug use, limited evidence of remorse, and the need for general and specific deterrence, imprisonment by way of an aggregate sentence was required, subject to a 25% early plea discount.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Criminal Sentence / Sentence After Committal for Sentence and Early Guilty Plea
Outcome
Convicted and sentenced to an aggregate term of imprisonment for 4 years with a non-parole period of 3 years.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'reckless Wounding in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'demand Property With Menaces' 'objective Seriousness' 'subjective Matters' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'reckless Wounding in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'demand Property With Menaces' 'objective Seriousness' 'subjective Matters' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence After Committal for Sentence and Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit serious indictable offence contrary to s 112(2) of the Crimes Act 1900, taking into account a Form 1 offence of assault occasioning actual bodily harm contrary to s 59(1) of the Crimes Act.' 'What indicative sentence should be imposed for the s 99(1) offence of demanding property with menaces on the s 166 certificate.' 'Whether an aggregate sentence should be imposed and what non-parole period and balance of term were appropriate.' "What weight should be given to the offender's early guilty plea, criminal history, drug use, prospects of rehabilitation, remorse, and need for general and specific deterrence."]

Ratio Decidendi

The offending involved serious violence against Mr Pearce, including a midrange objectively serious aggravated break and enter with reckless wounding committed while the offender knew persons were present, a serious assault occasioning actual bodily harm resulting in a broken finger, and significant threats to the offender's mother in demanding money. In light of the offender's prior similar offending, significant risk of reoffending unless he ceased prohibited drug use, limited evidence of remorse, and the need for general and specific deterrence, imprisonment by way of an aggregate sentence was required, subject to a 25% early plea discount.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment for 4 years with a non-parole period of 3 years.

Orders

  • ['In respect of the aggravated break and enter and commit serious indictable offence and the offence on the s 166 certificate of demand property with menaces contrary to s 99(1), the offender is convicted.' 'Indicative sentence for the s 112(2) offence, taking into account the s 59(1) Form 1 offence: imprisonment...