R v Conway [2019] NSWDC 891

R v Conway [2019] NSWDC 891

The offender's violent conduct was objectively serious, involved weapons, occurred in a domestic violence context motivated by a desire to exercise control over Ms Huisman by dissuading Mr Bridge from associating with her, and included aggravating features of offending while on conditional liberty and creating a grave risk of death. Although parity with the co-offender required some relativity, the offender was the principal protagonist, was sentenced for four offences, and partial accumulation was necessary to reflect the total criminality. Imprisonment was the only appropriate penalty, with a 25% guilty plea discount and special circumstances justifying a longer parole period.

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas, Including Two Further Offences on a S 166 Certificate
Outcome
Aggregate term of imprisonment of 4 years with a non-parole period of 2 years 4 months.
Legal Topics
['reckless Wounding in Company' 'assault Occasioning Actual Bodily Harm' 'domestic Violence Context' 'parity Between Co Offenders' 'accumulation, Concurrency and Totality' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'assault Occasioning Actual Bodily Harm' 'domestic Violence Context' 'parity Between Co Offenders' 'accumulation, Concurrency and Totality' 'special Circumstances' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas, Including Two Further Offences on a S 166 Certificate

Legal Issues

  1. 1 ['What sentences should be imposed for assault occasioning actual bodily harm, reckless wounding in company, custody of a knife in a public place, and possess or use a prohibited weapon without permit.' 'Whether the reckless wounding in company offence could properly be characterised as occurring within a domestic violence context.' 'Whether aggravating features were established, including conditional liberty and grave risk of death.' 'How parity with the co-offender James Conway should affect sentence.' 'Whether partial accumulation was required to reflect total criminality.' 'Whether special circumstances justified varying the statutory ratio between the non-parole period and parole period.']

Ratio Decidendi

The offender's violent conduct was objectively serious, involved weapons, occurred in a domestic violence context motivated by a desire to exercise control over Ms Huisman by dissuading Mr Bridge from associating with her, and included aggravating features of offending while on conditional liberty and creating a grave risk of death. Although parity with the co-offender required some relativity, the offender was the principal protagonist, was sentenced for four offences, and partial accumulation was necessary to reflect the total criminality. Imprisonment was the only appropriate penalty, with a 25% guilty plea discount and special circumstances justifying a longer parole period.

Court Disposition

Aggregate term of imprisonment of 4 years with a non-parole period of 2 years 4 months.

Orders

  • ['In relation to each offence Sam Conway is convicted.' 'Sam Conway is sentenced to a total aggregate sentence of four years imprisonment to date from 24 February 2019 and expire on 23 February 2023, with a non-parole period of two years and four months to date from 24 February 2019 and expire on 23 June 2021.' 'The...