R v Russell [2019] NSWDC 529

R v Russell [2019] NSWDC 529

The offender was liable for reckless wounding both as part of a joint criminal enterprise and because the court was satisfied beyond reasonable doubt that he personally inflicted at least one wound. The offence was serious but a little below midrange objective seriousness; his extensive criminal history reduced leniency and made rehabilitation guarded, while his guilty plea, limited remorse, institutionalisation and need for supervised parole supported a 10% discount and a finding of special circumstances. A sentence below the standard non-parole period was imposed because of the assessed objective seriousness and special circumstances.

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Criminal Sentence for Reckless Wounding / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for three years with a non-parole period of two years.
Legal Topics
['reckless Wounding' 'co Offenders' 'joint Criminal Enterprise' 'special Circumstances' 'institutionalisation' 'general Deterrence' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['reckless Wounding' 'co Offenders' 'joint Criminal Enterprise' 'special Circumstances' 'institutionalisation' 'general Deterrence' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence for Reckless Wounding / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Assessment of objective seriousness for reckless wounding committed in custody by co-offenders' "Whether the offender personally stabbed the victim and the offender's culpability within a joint criminal enterprise" 'Whether special circumstances justified a longer period on supervised parole' 'Application of sentencing factors including plea of guilty, criminal history, institutionalisation, prospects of rehabilitation, general deterrence, maximum penalty and standard non-parole period']

Ratio Decidendi

The offender was liable for reckless wounding both as part of a joint criminal enterprise and because the court was satisfied beyond reasonable doubt that he personally inflicted at least one wound. The offence was serious but a little below midrange objective seriousness; his extensive criminal history reduced leniency and made rehabilitation guarded, while his guilty plea, limited remorse, institutionalisation and need for supervised parole supported a 10% discount and a finding of special circumstances. A sentence below the standard non-parole period was imposed because of the assessed objective seriousness and special circumstances.

Court Disposition

Offender convicted and sentenced to imprisonment for three years with a non-parole period of two years.

Orders

  • ['Mr Russell is convicted of the offence to which he pleaded guilty.' 'The offender is sentenced to a term of imprisonment consisting of a non-parole period of two years and a balance of term of one year, being a total sentence of three years imprisonment.' 'The sentence commences on 24 October 2017 and expires on...