R v Russell [2014] NSWDC 30

R v Russell [2014] NSWDC 30

The offender's reckless wounding was serious because he smashed a bong into Ms Fernando's face while subject to an apprehended violence order and on conditional liberty, causing significant injury in her home and in the presence of children, with a weapon and with limited insight. Although intoxication did not mitigate the offence, the sentence was moderated by the application of the R v Fernando principles, the hardship of imprisonment given his brother's death in custody, exceptional hardship to his parents, totality, special circumstances requiring supervision, and a 15% discount for the guilty plea. The closely related AVO contravention warranted no extra punishment beyond a fixed...

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Criminal Law Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment for reckless wounding with a non-parole period of 2.5 years and a head sentence of 5 years; sentenced on the s 166 certificate to a fixed term of imprisonment of 6 months.
Legal Topics
['reckless Wounding' 'breach of an Apprehended Violence Order' 'sentencing' 'domestic Violence' 'children Present at Time of Offence' 'intoxication' 'aboriginal Offenders' 'hardship to Third Parties' 'deterrence' 'totality' 'special Circumstances']
['criminal Law'] ['reckless Wounding' 'breach of an Apprehended Violence Order' 'sentencing' 'domestic Violence' 'children Present at Time of Offence' 'intoxication' 'aboriginal Offenders' 'hardship to Third Parties' 'deterrence' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Law Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for reckless wounding committed against the offender's partner in breach of an apprehended violence order." 'What sentence should be imposed for the contravention of the apprehended violence order on the s 166 certificate.' "What allowance should be made for the offender's guilty plea, Aboriginal background, intoxication, hardship in custody, hardship to his parents, totality, and need for supervision on release."]

Ratio Decidendi

The offender's reckless wounding was serious because he smashed a bong into Ms Fernando's face while subject to an apprehended violence order and on conditional liberty, causing significant injury in her home and in the presence of children, with a weapon and with limited insight. Although intoxication did not mitigate the offence, the sentence was moderated by the application of the R v Fernando principles, the hardship of imprisonment given his brother's death in custody, exceptional hardship to his parents, totality, special circumstances requiring supervision, and a 15% discount for the guilty plea. The closely related AVO contravention warranted no extra punishment beyond a fixed...

Court Disposition

Sentenced to imprisonment for reckless wounding with a non-parole period of 2.5 years and a head sentence of 5 years; sentenced on the s 166 certificate to a fixed term of imprisonment of 6 months.

Orders

  • ['For reckless wounding, the offender is sentenced to imprisonment with a non-parole period of two and a half years to date from 1 June 2013 and a head sentence of five years.' 'The non-parole period will expire on 31 December 2015, on which day the offender is eligible to be released to parole.' 'For the charge...