R v Sua [2019] NSWDC 794

R v Sua [2019] NSWDC 794

A custodial sentence was required because the offender pleaded guilty to participating in a joint criminal enterprise to assault TT and AH, was the instigator and vigorous initial aggressor, persisted in trying to join the attack, encouraged the violence, and then lifted and shook the unconscious victim's head, despite not personally striking the blows. The offending was just below the midrange of objective seriousness, involved extreme violence in company in a public hotel, serious injuries, and a Form 1 offence. Taking into account the 25% guilty plea discount, parity with co-offenders, the offender's more serious history and age compared with some co-offenders, but also remorse,...

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty in the Local Court
Outcome
Offender convicted and sentenced to imprisonment for 4 years 6 months with a non-parole period of 2 years 3 months, commencing 2 July 2019; Form 1 certified.
Legal Topics
['recklessly Causing Grievous Bodily Harm in Company' 'assault Occasioning Actual Bodily Harm in Company' 'form 1 Offences' 'joint Criminal Enterprise' 'co Offenders and Parity' 'standard Non Parole Period' 'objective Seriousness' 'subjective Considerations' 'special Circumstances']
['criminal Law' 'sentencing'] ['recklessly Causing Grievous Bodily Harm in Company' 'assault Occasioning Actual Bodily Harm in Company' 'form 1 Offences' 'joint Criminal Enterprise' 'co Offenders and Parity' 'standard Non Parole Period' 'objective Seriousness' 'subjective Considerations' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly causing grievous bodily harm in company contrary to s 35(1) Crimes Act 1900.' 'How the Form 1 offence of assault occasioning actual bodily harm in company should be taken into account under s 33 Crimes (Sentencing Procedure) Act 1999.' 'How the standard non-parole period, maximum penalty, objective seriousness, parity with co-offenders, guilty plea, prior record, remorse, rehabilitation prospects and special circumstances should affect sentence.']

Ratio Decidendi

A custodial sentence was required because the offender pleaded guilty to participating in a joint criminal enterprise to assault TT and AH, was the instigator and vigorous initial aggressor, persisted in trying to join the attack, encouraged the violence, and then lifted and shook the unconscious victim's head, despite not personally striking the blows. The offending was just below the midrange of objective seriousness, involved extreme violence in company in a public hotel, serious injuries, and a Form 1 offence. Taking into account the 25% guilty plea discount, parity with co-offenders, the offender's more serious history and age compared with some co-offenders, but also remorse,...

Court Disposition

Offender convicted and sentenced to imprisonment for 4 years 6 months with a non-parole period of 2 years 3 months, commencing 2 July 2019; Form 1 certified.

Orders

  • ['The offender is convicted of recklessly causing grievous bodily harm in company.' 'A non-parole period of imprisonment of 2 years and 3 months is specified, commencing on 2 July 2019.' 'The offender will be eligible for parole on 1 October 2021.' 'Upon a finding of special circumstances, a parole period of 2 years...