R v Wass [2021] NSWDC 414

R v Wass [2021] NSWDC 414

The offender's brutal assault with a snowboard caused serious facial and dental injuries and ongoing trauma, was below the middle but not at the bottom of the range for s 35(2) offences, and required denunciation, punishment and specific deterrence. Although the offender's personal circumstances, treatment needs, delay and guilty plea warranted mitigation, the appropriate discounted head sentence was two years and four months, making an Intensive Corrections Order unavailable. Special circumstances justified a non-parole period of one year and four months with a one year balance of sentence.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty to Recklessly Inflicting Grievous Bodily Harm Contrary to S 35(2) of the Crimes Act 1900
Outcome
Convicted and sentenced to imprisonment for two years and four months with a non-parole period of one year and four months.
Legal Topics
['recklessly Inflicting Grievous Bodily Harm' 'use of Weapon' 'objective Seriousness' 'delay' 'guilty Plea Discount' 'mental Health and Sentencing' 'intensive Corrections Order' 'special Circumstances']
['criminal Law' 'sentencing'] ['recklessly Inflicting Grievous Bodily Harm' 'use of Weapon' 'objective Seriousness' 'delay' 'guilty Plea Discount' 'mental Health and Sentencing' 'intensive Corrections Order' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty to Recklessly Inflicting Grievous Bodily Harm Contrary to S 35(2) of the Crimes Act 1900

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly inflicting grievous bodily harm by striking the victim with a snowboard.' "The objective seriousness of the offence, including the use of a snowboard as a weapon and the extent of the victim's injuries." 'The effect of delay in the proceedings and the utilitarian value of the guilty plea.' "The relevance of the offender's psychiatric or psychological condition, personal circumstances, remorse, rehabilitation prospects and risk of reoffending." 'Whether an Intensive Corrections Order was available or appropriate.' 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

The offender's brutal assault with a snowboard caused serious facial and dental injuries and ongoing trauma, was below the middle but not at the bottom of the range for s 35(2) offences, and required denunciation, punishment and specific deterrence. Although the offender's personal circumstances, treatment needs, delay and guilty plea warranted mitigation, the appropriate discounted head sentence was two years and four months, making an Intensive Corrections Order unavailable. Special circumstances justified a non-parole period of one year and four months with a one year balance of sentence.

Court Disposition

Convicted and sentenced to imprisonment for two years and four months with a non-parole period of one year and four months.

Orders

  • ['Keith Melvyn Wass is convicted of recklessly inflicting grievous bodily harm on Jordan Rodgers on 12 August 2017 at Thredbo.' 'Non-parole period of one year and four months commencing 18 June 2021 and expiring on 17 October 2022.' 'Further period of imprisonment of one year commencing upon expiration of the...