R v Munro [2015] NSWDC 353

R v Munro [2015] NSWDC 353

Considering the seriousness of the wound inflicted to a vital part of the body, the fact the offence occurred at the victim's home, the offender's history of violent offences, her early guilty plea, Aboriginal background, efforts at rehabilitation and the need for extended parole supervision, a sentence of three years and four months imprisonment with a non-parole period of two years is appropriate.

Parties
Crown: Regina; Offender: Neesha Rebecca Munro
Jurisdiction
Australia
Judgment Date
01 October 2015
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence of imprisonment imposed
Legal Topics
Reckless Wounding, Sentencing, Domestic Violence, Aboriginal Offenders
Criminal Law Reckless Wounding Sentencing Domestic Violence Aboriginal Offenders

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Parties

Regina

Crown

Neesha Rebecca Munro

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for reckless wounding under s 35(4) Crimes Act 1900 (NSW)
  2. 2 Consideration of aggravating and mitigating factors for sentence
  3. 3 Application of Fernando principles to Aboriginal offender

Ratio Decidendi

Considering the seriousness of the wound inflicted to a vital part of the body, the fact the offence occurred at the victim's home, the offender's history of violent offences, her early guilty plea, Aboriginal background, efforts at rehabilitation and the need for extended parole supervision, a sentence of three years and four months imprisonment with a non-parole period of two years is appropriate.

Court Disposition

Conviction and sentence of imprisonment imposed

Orders

  • Sentence of 3 years and 4 months imprisonment from 11 May 2015 to 10 September 2018
  • Non-parole period of 2 years commencing 11 May 2015 to 10 May 2017