Police v Scott Michael WIDDISON [2011] NSWLC 26

Police v Scott Michael WIDDISON [2011] NSWLC 26

The offender's one-punch reckless infliction of grievous bodily harm caused serious, life-threatening and ongoing injuries. Although the offence was not planned and the offender had a strong subjective case including prior good character, remorse, a guilty plea, reduced prospects of reoffending and rehabilitation, the objective seriousness of the result, the need for denunciation and a significant element of general deterrence for alcohol-related street violence made imprisonment the only appropriate sentence. The sentence could not properly be suspended, but special circumstances justified a non-parole period of 12 months and a balance of term of 10 months.

Jurisdiction
Australia
Judgment Date
23 August 2011
Procedural Posture
Criminal Sentencing for Recklessly Causing Grievous Bodily Harm Contrary to Section 35(2) of the Crimes Act 1900 / Sentence After Guilty Plea in the Local Court
Outcome
The offender was convicted and sentenced to imprisonment comprising a non-parole period of 12 months and a balance of term of 10 months.
Legal Topics
['reckless Infliction of Grievous Bodily Harm' 'general Deterrence' 'alcohol Related Violence' 'objective Seriousness' 'guilty Plea Discount' 'suspended Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['reckless Infliction of Grievous Bodily Harm' 'general Deterrence' 'alcohol Related Violence' 'objective Seriousness' 'guilty Plea Discount' 'suspended Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Recklessly Causing Grievous Bodily Harm Contrary to Section 35(2) of the Crimes Act 1900 / Sentence After Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for reckless infliction of grievous bodily harm caused by one punch resulting in serious head injuries.' 'Whether the objective seriousness of the offence and need for general deterrence required full-time custody.' 'Whether the sentence should be suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether special circumstances justified altering the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The offender's one-punch reckless infliction of grievous bodily harm caused serious, life-threatening and ongoing injuries. Although the offence was not planned and the offender had a strong subjective case including prior good character, remorse, a guilty plea, reduced prospects of reoffending and rehabilitation, the objective seriousness of the result, the need for denunciation and a significant element of general deterrence for alcohol-related street violence made imprisonment the only appropriate sentence. The sentence could not properly be suspended, but special circumstances justified a non-parole period of 12 months and a balance of term of 10 months.

Court Disposition

The offender was convicted and sentenced to imprisonment comprising a non-parole period of 12 months and a balance of term of 10 months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a non-parole period of 12 months to date from 23 August 2011 to expire on 22 August 2012.' 'A balance of term of 10 months is specified to commence on 23 August 2012 and expire on 22 June 2013.']