R v Hendra [2012] NSWDC 198

R v Hendra [2012] NSWDC 198

Although the offender was responsible only for one kick and not for the broader violence by other security guards, the kick was deliberately inflicted on a severely injured, bleeding and defenceless man by a security guard whose role was to control violence. The self-defence account was rejected, the offender lacked remorse, and the assault was one of the worst types of common assault, requiring a full-time custodial sentence, with special circumstances found because it was his first imprisonment.

Jurisdiction
Australia
Judgment Date
16 October 2012
Procedural Posture
Criminal Sentence for Common Assault / Sentence After Conviction
Outcome
Sentenced to imprisonment for 18 months with a non-parole period of 9 months.
Legal Topics
['common Assault' 'security Guard Violence' 'vulnerable Victim' 'lack of Remorse' 'full Time Custody' 'non Parole Period']
['criminal Law' 'sentencing'] ['common Assault' 'security Guard Violence' 'vulnerable Victim' 'lack of Remorse' 'full Time Custody' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Common Assault / Sentence After Conviction

Legal Issues

  1. 1 ['What factual basis should be used for sentence after the offender was found not guilty of assault occasioning actual bodily harm in company.' "Whether the offender's kick was in self-defence." 'The objective seriousness of a single kick to a severely injured and defenceless victim by a security guard.' "Whether the offender's lack of remorse and the circumstances of the offending required full-time custody." "Whether special circumstances should be found because this would be the offender's first time in prison."]

Ratio Decidendi

Although the offender was responsible only for one kick and not for the broader violence by other security guards, the kick was deliberately inflicted on a severely injured, bleeding and defenceless man by a security guard whose role was to control violence. The self-defence account was rejected, the offender lacked remorse, and the assault was one of the worst types of common assault, requiring a full-time custodial sentence, with special circumstances found because it was his first imprisonment.

Court Disposition

Sentenced to imprisonment for 18 months with a non-parole period of 9 months.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of nine months is set to date from 26 October 2012 and expire on 25 July 2013.' 'A period of eligibility for parole of nine months is set, making a head sentence of eighteen months.' 'The offender is to be released to parole on 25 July 2013.']