R v Dale Anton Reynders [2016] NSWDC 107

R v Dale Anton Reynders [2016] NSWDC 107

The court held that the four offences were serious and just below the mid-range of objective seriousness, with particularly serious injuries to Constable White, and that no penalty other than imprisonment was appropriate. The court rejected the submission that the 2007 ACT Watchhouse incident diminished moral culpability, finding the offending was borne of excessive alcohol consumption. It allowed a 10% discount for late guilty pleas, accepted remorse, prior good character and good rehabilitation prospects, took the three Form 1 matters into account, found special circumstances based on alcohol abuse and need for ongoing psychological counselling, and imposed an aggregate sentence with...

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Criminal Sentence / Remarks on Sentence After Guilty Pleas
Outcome
Full-time custodial sentence imposed by aggregate sentence of imprisonment.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'assault Police Officer' 'cause Grievous Bodily Harm to Police Officer' 'aggregate Sentencing' 'form 1 Offences' 'standard Non Parole Period' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'assault Police Officer' 'cause Grievous Bodily Harm to Police Officer' 'aggregate Sentencing' 'form 1 Offences' 'standard Non Parole Period' 'special Circumstances' 'totality']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for four assault offences, including assaults on police officers causing grievous bodily harm and actual bodily harm.' 'Whether the offending warranted full-time imprisonment or an alternative sentence.' 'How an aggregate sentence should reflect total criminality, concurrency and accumulation.' 'What discount should be allowed for late guilty pleas.' 'Whether special circumstances justified varying the usual ratio between the non-parole period and head sentence.' "Whether the offender's prior good character, remorse, rehabilitation prospects, alcohol abuse, psychological issues and the 2007 capsicum spray incident affected sentence."]

Ratio Decidendi

The court held that the four offences were serious and just below the mid-range of objective seriousness, with particularly serious injuries to Constable White, and that no penalty other than imprisonment was appropriate. The court rejected the submission that the 2007 ACT Watchhouse incident diminished moral culpability, finding the offending was borne of excessive alcohol consumption. It allowed a 10% discount for late guilty pleas, accepted remorse, prior good character and good rehabilitation prospects, took the three Form 1 matters into account, found special circumstances based on alcohol abuse and need for ongoing psychological counselling, and imposed an aggregate sentence with...

Court Disposition

Full-time custodial sentence imposed by aggregate sentence of imprisonment.

Orders

  • ['The offender is convicted of assault occasioning actual bodily harm pursuant to s 59(1) of the Crimes Act 1900, assault police officer pursuant to s 58 of the Crimes Act 1900, cause grievous bodily harm to a police officer pursuant to s 60(3) of the Crimes Act 1900, and assault police officer causing actual bodily...