R v Aiga [2023] NSWDC 622

R v Aiga [2023] NSWDC 622

The glassing offence was slightly above the mid-range of objective seriousness because the offender used a glass as a weapon, caused serious facial injury requiring surgery, left a permanent scar, and the injury could have been life-threatening without prompt treatment. The offender's chronic PTSD made custody more onerous and may have contributed to alcohol abuse, but the Court was not satisfied it substantially reduced moral culpability or was the causal factor for the offending. His early guilty plea warranted a 25% discount, his rehabilitation prospects were fair, and special circumstances justified a longer supervised parole period. A one-month sentence was imposed for common assault...

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
The accused was convicted and sentenced to imprisonment for both offences.
Legal Topics
['causing Grievous Bodily Harm Reckless as to Causing Actual Bodily Harm' 'common Assault' 'glassing' 'alcohol Related Offending' 'objective Seriousness' 'special Circumstances' 'conditional Liberty' 'prior Convictions']
['criminal Law' 'sentencing'] ['causing Grievous Bodily Harm Reckless as to Causing Actual Bodily Harm' 'common Assault' 'glassing' 'alcohol Related Offending' 'objective Seriousness' 'special Circumstances' 'conditional Liberty' 'prior Convictions']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for causing grievous bodily harm to Kyree Bathurst while reckless as to causing actual bodily harm and for common assault on Aghil Sobi.' 'The objective seriousness of the glassing offence, including use of a glass and the extent of harm to the victim.' "Whether the offender's alcohol abuse and complex post-traumatic stress disorder reduced his moral culpability or affected sentence." 'Whether special circumstances justified a longer parole period.' 'Whether the sentence should be concurrent with or cumulative on an unrelated custody sentence for possessing an offensive weapon or instrument in jail.']

Ratio Decidendi

The glassing offence was slightly above the mid-range of objective seriousness because the offender used a glass as a weapon, caused serious facial injury requiring surgery, left a permanent scar, and the injury could have been life-threatening without prompt treatment. The offender's chronic PTSD made custody more onerous and may have contributed to alcohol abuse, but the Court was not satisfied it substantially reduced moral culpability or was the causal factor for the offending. His early guilty plea warranted a 25% discount, his rehabilitation prospects were fair, and special circumstances justified a longer supervised parole period. A one-month sentence was imposed for common assault...

Court Disposition

The accused was convicted and sentenced to imprisonment for both offences.

Orders

  • ['For assaulting Aghil Sobi on 4 June 2022 at Kogarah, the accused is convicted and sentenced to imprisonment for one month commencing on 4 July 2022 and expiring on 3 August 2022.' 'For causing grievous bodily harm to Kyree Bathurst and being reckless as to causing actual bodily harm on 4 June 2022 at Kogarah, the...