R v Bird-Walton (A pseudonym)(no 2) [2021] NSWDC 23

R v Bird-Walton (A pseudonym)(no 2) [2021] NSWDC 23

An intensive correction order for two years is appropriate because, although the offence is objectively serious, the offender presents extremely strong subjective circumstances, no prior convictions, excellent prospects of rehabilitation, and community safety and sentencing objectives are better served in the community with conditions rather than full-time custody.

Parties
Crown: Regina; Accused: NBW (Ms BW)
Jurisdiction
Australia
Judgment Date
21 January 2021
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and sentenced to two years imprisonment to be served by way of an intensive correction order.
Legal Topics
Intensive Correction Order, Reckless Grievous Bodily Harm, Sentence, Judge Alone Trial, Domestic Violence Offence
Criminal Law Intensive Correction Order Reckless Grievous Bodily Harm Sentence Judge Alone Trial Domestic Violence Offence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

NBW (Ms BW)

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for recklessly causing grievous bodily harm to a child in the circumstances of this case?
  2. 2 Should an intensive correction order be imposed instead of full-time imprisonment?
  3. 3 What weight should be given to other injuries not charged?

Ratio Decidendi

An intensive correction order for two years is appropriate because, although the offence is objectively serious, the offender presents extremely strong subjective circumstances, no prior convictions, excellent prospects of rehabilitation, and community safety and sentencing objectives are better served in the community with conditions rather than full-time custody.

Court Disposition

The offender is convicted and sentenced to two years imprisonment to be served by way of an intensive correction order.

Orders

  • Ms BW is convicted.
  • Ms BW is sentenced to a period of imprisonment of two years to be served by way of an intensive correction order commencing 21 January 2021 and expiring on 20 January 2023.