R v Russell Edward Horne [2017] NSWDC 121

R v Russell Edward Horne [2017] NSWDC 121

The objective seriousness was assessed as just below mid-range. While the offender did not physically push the victim or participate in violence, he facilitated and enabled the offence by driving the co-offenders to the scene and participating in a joint criminal exercise. The role, taken together with the late guilty plea and strict bail conditions, warranted a sentence of 12 months imprisonment, suspended on condition of a good behaviour bond.

Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Criminal / Sentencing
Outcome
12 months imprisonment suspended on a 12-month good behaviour bond
Legal Topics
['recklessly Inflict Grievous Bodily Harm in Company' 'sentencing' 'parity of Sentences']
['criminal Law'] ['recklessly Inflict Grievous Bodily Harm in Company' 'sentencing' 'parity of Sentences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the offender pushed the victim into the handrail' "Offender's awareness of presence of knife" "Offender's role and objective seriousness of offending" 'Appropriate sentence and application of parity principle']

Ratio Decidendi

The objective seriousness was assessed as just below mid-range. While the offender did not physically push the victim or participate in violence, he facilitated and enabled the offence by driving the co-offenders to the scene and participating in a joint criminal exercise. The role, taken together with the late guilty plea and strict bail conditions, warranted a sentence of 12 months imprisonment, suspended on condition of a good behaviour bond.

Court Disposition

12 months imprisonment suspended on a 12-month good behaviour bond

Orders

  • ['Offender convicted of recklessly inflict grievous bodily harm (in company) under s 35(1) Crimes Act 1900.' 'Sentenced to 12 months imprisonment.' 'Sentence suspended pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, conditional on entry into a 12 month good behaviour bond.']