R v Partington [2020] NSWDC 175

R v Partington [2020] NSWDC 175

The reckless wounding was slightly below the mid-range of objective seriousness but required imprisonment because the offender entered the victim's home with a knife, immediately attacked and wounded him, committed the offence while on parole and subject to a bond, and had a significant history of violent offending linked to alcohol. Although the offender was entitled to a 25% guilty plea discount, remorse was accepted, the injuries were not at the higher end, the attack was not planned in the statutory sense, and special circumstances justified a longer parole period, his risk of re-offending and poor present prospects of rehabilitation required an aggregate custodial sentence. The bond...

Jurisdiction
Australia
Judgment Date
06 February 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas in the Local Court and Consent to District Court Dealing With Breach of Bond
Outcome
Offender convicted of reckless wounding; former s 9 bond revoked; aggregate sentence of imprisonment imposed.
Legal Topics
['reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'standard Non Parole Period' 'breach of Bond' 'community Correction Order' 'intoxication' 'special Circumstances']
['criminal Law' 'sentencing'] ['reckless Wounding' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'standard Non Parole Period' 'breach of Bond' 'community Correction Order' 'intoxication' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas in the Local Court and Consent to District Court Dealing With Breach of Bond

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding contrary to s 35(4)(b) Crimes Act 1900.' "Whether the offender's former s 9 bond, taken to be a community correction order, should be revoked for breach and the offender re-sentenced for assault occasioning actual bodily harm." 'How the standard non-parole period, maximum penalty, objective seriousness, aggravating and mitigating factors, guilty plea discount, antecedents, intoxication, rehabilitation prospects and special circumstances should affect sentence.' 'What commencement date should be fixed for the aggregate sentence having regard to pre-sentence custody, parole revocation and interim detention.']

Ratio Decidendi

The reckless wounding was slightly below the mid-range of objective seriousness but required imprisonment because the offender entered the victim's home with a knife, immediately attacked and wounded him, committed the offence while on parole and subject to a bond, and had a significant history of violent offending linked to alcohol. Although the offender was entitled to a 25% guilty plea discount, remorse was accepted, the injuries were not at the higher end, the attack was not planned in the statutory sense, and special circumstances justified a longer parole period, his risk of re-offending and poor present prospects of rehabilitation required an aggregate custodial sentence. The bond...

Court Disposition

Offender convicted of reckless wounding; former s 9 bond revoked; aggregate sentence of imprisonment imposed.

Orders

  • ['For reckless wounding, the offender is convicted and the indicated sentence is imprisonment for 3 years, 4 months and 15 days, including a non-parole period of 2 years and 3 months, after a 25% discount for the plea of guilty.' 'For assault occasioning actual bodily harm following revocation of the bond, the...