R v Ryan [2014] NSWDC 53

R v Ryan [2014] NSWDC 53

The offender's violent use of a cricket bat against an innocent security guard and then against his seriously injured nephew was objectively grave and required a lengthy custodial sentence. Allowances were made for the guilty plea and utilitarian benefit, special circumstances, mental health and addiction issues, and the need to avoid double counting the s 12 bond breach, but the judge rejected genuine remorse and imposed an effective overall non-parole period of 5 years and head sentence of 8 years.

Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea to Assault Occasioning Actual Bodily Harm and Jury Verdict of Guilty for Malicious Wounding With Intent to Cause Grievous Bodily Harm
Outcome
Sentenced to imprisonment consisting of an effective overall non-parole period of 5 years and an effective overall head sentence of 8 years.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'malicious Wounding With Intent to Cause Grievous Bodily Harm' 'use of Cricket Bat as Weapon' 'breach of S 12 Bond' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'malicious Wounding With Intent to Cause Grievous Bodily Harm' 'use of Cricket Bat as Weapon' 'breach of S 12 Bond' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea to Assault Occasioning Actual Bodily Harm and Jury Verdict of Guilty for Malicious Wounding With Intent to Cause Grievous Bodily Harm

Legal Issues

  1. 1 ['What sentence should be imposed for assault occasioning actual bodily harm against Stanley Pemberthy.' 'What sentence should be imposed for wounding Michael Ryan with intent to cause grievous bodily harm.' "How to account for the offender's guilty plea, earlier willingness to plead, and plea to an alternative charge that limited the issues at trial." 'How to deal with the breach of the s 12 bond without double counting.' 'Whether remorse, mental health issues, addiction, family hardship, prospects of rehabilitation, and special circumstances affected sentence.']

Ratio Decidendi

The offender's violent use of a cricket bat against an innocent security guard and then against his seriously injured nephew was objectively grave and required a lengthy custodial sentence. Allowances were made for the guilty plea and utilitarian benefit, special circumstances, mental health and addiction issues, and the need to avoid double counting the s 12 bond breach, but the judge rejected genuine remorse and imposed an effective overall non-parole period of 5 years and head sentence of 8 years.

Court Disposition

Sentenced to imprisonment consisting of an effective overall non-parole period of 5 years and an effective overall head sentence of 8 years.

Orders

  • ['In relation to the s 12 matter, the order for suspension was revoked and a non-parole period of 9 months was imposed to date from 18 November 2012.' 'For assault occasioning actual bodily harm upon Stanley Pemberthy, a fixed term of imprisonment of 18 months was imposed to date from 18 February 2013.' 'For...