R v Lambell [2019] NSWDC 78

R v Lambell [2019] NSWDC 78

Because the offender participated in a reckless wounding in company in gaol, was armed with a shiv, pursued the victim, and the offence required denunciation, punishment, and general deterrence to ensure the safe running of prisons, no sentence other than immediate imprisonment was available. The sentence was reduced by 25% for an early guilty plea, and a lesser sentence than the co-offender's was justified because the co-offender pleaded to a different and more serious offence, had a different role, and personally stabbed the victim.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty to Alternative Count
Outcome
Offender convicted and sentenced to imprisonment for two years, backdated to 5 March 2017.
Legal Topics
['reckless Wounding in Company' 'offences in Gaol' 'guilty Plea Discount' 'general Deterrence' 'disparity Between Co Offenders' 'formative Deprivation']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'offences in Gaol' 'guilty Plea Discount' 'general Deterrence' 'disparity Between Co Offenders' 'formative Deprivation']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty to Alternative Count

Legal Issues

  1. 1 ['Whether the plea of guilty to the alternative count was made at the earliest opportunity' 'What sentence should be imposed for reckless wounding in company committed in gaol' 'Whether general deterrence and prison safety required immediate imprisonment' "Whether disparity with the co-offender's sentence was justified" "Whether the offender's moral culpability was reduced by deprivation in his formative years"]

Ratio Decidendi

Because the offender participated in a reckless wounding in company in gaol, was armed with a shiv, pursued the victim, and the offence required denunciation, punishment, and general deterrence to ensure the safe running of prisons, no sentence other than immediate imprisonment was available. The sentence was reduced by 25% for an early guilty plea, and a lesser sentence than the co-offender's was justified because the co-offender pleaded to a different and more serious offence, had a different role, and personally stabbed the victim.

Court Disposition

Offender convicted and sentenced to imprisonment for two years, backdated to 5 March 2017.

Orders

  • ['Ricky John Lambell is convicted.' 'Ricky John Lambell is sentenced to two years imprisonment.' 'The sentence is backdated to 5 March 2017.']