R v Haydar Phili [2018] NSWDC 513

R v Haydar Phili [2018] NSWDC 513

The offender's reckless wounding warranted imprisonment, but the sentence was reduced to reflect the late guilty plea, the lower-end objective seriousness of the wounding, the offender's substantial time without liberty including quasi-custody in immigration detention, and his subjective circumstances including substance use disorder, depression, psychotic symptoms and need for continuing treatment and rehabilitation, justifying special circumstances.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
The offender was convicted and sentenced to imprisonment for 21 months with a non-parole period of 13 months, and special circumstances were found.
Legal Topics
['reckless Wounding' 'plea of Guilty' 'quasi Custody' 'special Circumstances' 'drug Addiction' 'mental Illness' 'deportation']
['criminal Law' 'sentencing'] ['reckless Wounding' 'plea of Guilty' 'quasi Custody' 'special Circumstances' 'drug Addiction' 'mental Illness' 'deportation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding under s 35(4) of the Crimes Act 1900 after a late plea of guilty.' 'Whether time spent in immigration detention as quasi-custody should be taken into account on sentence.' "Whether special circumstances should be found having regard to the offender's need for continuing treatment and rehabilitation."]

Ratio Decidendi

The offender's reckless wounding warranted imprisonment, but the sentence was reduced to reflect the late guilty plea, the lower-end objective seriousness of the wounding, the offender's substantial time without liberty including quasi-custody in immigration detention, and his subjective circumstances including substance use disorder, depression, psychotic symptoms and need for continuing treatment and rehabilitation, justifying special circumstances.

Court Disposition

The offender was convicted and sentenced to imprisonment for 21 months with a non-parole period of 13 months, and special circumstances were found.

Orders

  • ['The offender is convicted of the offence.' 'I impose a sentence of imprisonment of 21 months to commence on 27 September 2016, expiring 26 June 2018.' 'I impose a non-parole period of 13 months expiring on 26 October 2017.' 'I find special circumstances.']