R v Cardwell [2013] NSWDC 150

R v Cardwell [2013] NSWDC 150

The offender's planned and sustained violence against two victims, including luring Mr O'Farrell to be assaulted, use of weapons and serious injuries, required imprisonment; however, the court moderated the sentence for his lack of prior convictions, positive character material, harsher pre-sentence custody, remorse, good prospects of rehabilitation and early guilty pleas, resulting in an overall non-parole period of 3 years and head sentence of 5 years.

Jurisdiction
Australia
Judgment Date
25 July 2013
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Sentenced to imprisonment consisting of an overall non-parole period of 3 years and a head sentence of 5 years.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'recklessly Causing Grievous Bodily Harm' 'form 1' 'domestic Violence' 'violent Ambush' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'recklessly Causing Grievous Bodily Harm' 'form 1' 'domestic Violence' 'violent Ambush' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for assault occasioning actual bodily harm against Joanne Thornton.' "What sentence should be imposed for recklessly causing grievous bodily harm against Michael O'Farrell, taking into account destruction of a mobile phone on a Form 1." "How the offender's use of weapons, sustained violence, planned luring of the victim, lack of prior convictions, remorse, guilty pleas, custody conditions and prospects of rehabilitation should affect sentence."]

Ratio Decidendi

The offender's planned and sustained violence against two victims, including luring Mr O'Farrell to be assaulted, use of weapons and serious injuries, required imprisonment; however, the court moderated the sentence for his lack of prior convictions, positive character material, harsher pre-sentence custody, remorse, good prospects of rehabilitation and early guilty pleas, resulting in an overall non-parole period of 3 years and head sentence of 5 years.

Court Disposition

Sentenced to imprisonment consisting of an overall non-parole period of 3 years and a head sentence of 5 years.

Orders

  • ['For assault occasioning actual bodily harm, the offender was sentenced to a fixed term of imprisonment of 18 months dating from 8 December 2012.' 'For recklessly causing grievous bodily harm, taking into account the matter on the Form 1, the offender was sentenced to imprisonment with a non-parole period of 2...