Regina v Raymond Bruce REID [2001] NSWSC 1084

Regina v Raymond Bruce REID [2001] NSWSC 1084

The offence was an objectively serious instance of maliciously inflicting grievous bodily harm, involving the prisoner joining a vicious assault and helping place the unconscious injured victim in an industrial waste bin. Taking into account the prisoner's subjective circumstances, including Aboriginality, deprived background, alcoholism, remorse, criminal record and protective custody conditions, the sentence otherwise called for was five years imprisonment. A total discount of 35 percent, comprising 15 percent for the early guilty plea and 20 percent for assistance to authorities and the undertaking to give evidence, reduced the sentence to three years and three months imprisonment....

Jurisdiction
Australia
Judgment Date
16 November 2001
Procedural Posture
Criminal Sentencing / Sentence Following Plea of Guilty to Maliciously Inflicting Grievous Bodily Harm; Plea Accepted in Full Discharge of the Indictment
Outcome
Sentenced to three years and three months imprisonment, deemed to have commenced on 29 April 2000, with a non-parole period of 21 months and first parole eligibility on 28 January 2002.
Legal Topics
['malicious Infliction of Grievous Bodily Harm' 'guilty Plea Discount' 'assistance to Authorities' 'aboriginality in Sentencing' 'alcohol Abuse and Deprived Background' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['malicious Infliction of Grievous Bodily Harm' 'guilty Plea Discount' 'assistance to Authorities' 'aboriginality in Sentencing' 'alcohol Abuse and Deprived Background' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Plea of Guilty to Maliciously Inflicting Grievous Bodily Harm; Plea Accepted in Full Discharge of the Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for maliciously inflicting grievous bodily harm upon Michael William Jones.' "What discount should be allowed for the prisoner's plea of guilty and assistance to the authorities, including an undertaking to give evidence at Kevin Jones' trial." "How the prisoner's Aboriginality, deprived background, alcohol abuse, remorse, prior criminal record and conditions of custody should affect sentence." 'Whether special circumstances justified departure from the statutory proportion between the non-parole period and the overall sentence.']

Ratio Decidendi

The offence was an objectively serious instance of maliciously inflicting grievous bodily harm, involving the prisoner joining a vicious assault and helping place the unconscious injured victim in an industrial waste bin. Taking into account the prisoner's subjective circumstances, including Aboriginality, deprived background, alcoholism, remorse, criminal record and protective custody conditions, the sentence otherwise called for was five years imprisonment. A total discount of 35 percent, comprising 15 percent for the early guilty plea and 20 percent for assistance to authorities and the undertaking to give evidence, reduced the sentence to three years and three months imprisonment....

Court Disposition

Sentenced to three years and three months imprisonment, deemed to have commenced on 29 April 2000, with a non-parole period of 21 months and first parole eligibility on 28 January 2002.

Orders

  • ['Raymond Bruce Reid is sentenced to three years and three months imprisonment for maliciously inflicting grievous bodily harm upon Michael William Jones.' 'The sentence is deemed to have commenced on 29 April 2000.' 'A non-parole period of 21 months is specified.' 'The first date on which the prisoner will be...