R v Steven Turner [2019] NSWDC 8

R v Steven Turner [2019] NSWDC 8

Although the offence was assessed at the upper end of the lower range of objective seriousness and the offender had strong subjective circumstances, including an early guilty plea, remorse, good character, low risk of re-offending and good prospects of rehabilitation, the seriousness of a forceful single punch to the head of an innocent bystander, causing grievous bodily harm while in company and in the context of an affray, required full-time imprisonment with a reduced sentence to reflect the 25% plea discount and special circumstances.

Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
The Offender was convicted and sentenced to imprisonment for 2 years and 7 months with a non-parole period of 1 year and 6 months.
Legal Topics
['recklessly Causing Grievous Bodily Harm in Company' 'affray on Form 1' 'one Punch Assault' 'plea of Guilty' 'objective Seriousness' 'remorse' 'rehabilitation' 'parity' 'full Time Custody']
['criminal Law' 'sentencing'] ['recklessly Causing Grievous Bodily Harm in Company' 'affray on Form 1' 'one Punch Assault' 'plea of Guilty' 'objective Seriousness' 'remorse' 'rehabilitation' 'parity' 'full Time Custody']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly causing grievous bodily harm in company contrary to section 35(1) of the Crimes Act 1900 (NSW).' 'How the offence of affray under s 93C(1) of the Crimes Act 1900 (NSW), listed on a Form 1, should be taken into account.' 'Where the objective seriousness of the offence fell by reference to the standard non-parole period.' "Whether the offender's subjective circumstances, including plea of guilty, good character, remorse, low risk of re-offending and rehabilitation prospects, affected sentence." 'Whether any sentence other than full-time imprisonment was appropriate.']

Ratio Decidendi

Although the offence was assessed at the upper end of the lower range of objective seriousness and the offender had strong subjective circumstances, including an early guilty plea, remorse, good character, low risk of re-offending and good prospects of rehabilitation, the seriousness of a forceful single punch to the head of an innocent bystander, causing grievous bodily harm while in company and in the context of an affray, required full-time imprisonment with a reduced sentence to reflect the 25% plea discount and special circumstances.

Court Disposition

The Offender was convicted and sentenced to imprisonment for 2 years and 7 months with a non-parole period of 1 year and 6 months.

Orders

  • ['The Offender is convicted.' 'In light of the plea of guilty (25%), the Offender is sentenced to a period of imprisonment for 2 years and 7 months, to date from 31 January 2019 and to expire on 30 August 2021.' 'I set a non-parole period of 1 year and 6 months, commencing on 31 January 2019 and expiring on 30 July...