R v Campbell [2021] NSWDC 742

R v Campbell [2021] NSWDC 742

Given the offender's guilty plea, limited prior record, remorse, favourable rehabilitation prospects if she complied with treatment, limited role in being present without physically participating or encouraging the stabbing, and the Crown's concession that time served adequately served the purposes of sentencing, a sentence of 18 months imprisonment with a 12 month non-parole period commencing 11 November 2020 was appropriate, with special circumstances found.

Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Criminal Sentencing for Reckless Wounding in Company Contrary to S 35(3) of the Crimes Act 1900 / Sentence After Plea of Guilty
Outcome
The offender was convicted and sentenced to 18 months imprisonment with a non-parole period of 12 months, making her eligible for release on the date of sentence.
Legal Topics
['reckless Wounding in Company' 'aggravating Factors' 'mitigating Factors' 'use of Weapon' 'plea of Guilty' 'remorse' 'aboriginal Offenders' 'drug Addiction' 'special Circumstances' 'full Time Custody']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'aggravating Factors' 'mitigating Factors' 'use of Weapon' 'plea of Guilty' 'remorse' 'aboriginal Offenders' 'drug Addiction' 'special Circumstances' 'full Time Custody']

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Procedural Posture

Criminal Sentencing for Reckless Wounding in Company Contrary to S 35(3) of the Crimes Act 1900 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding in company where the offender was present at the stabbing but played no physical part and did not encourage it.' 'Whether the offence was aggravated by the use of a weapon and mitigated by the limited injury, plea of guilty and remorse.' "Whether special circumstances should be found having regard to the offender's custody during the COVID pandemic, complex post-traumatic stress disorder, substance dependence and need for residential rehabilitation."]

Ratio Decidendi

Given the offender's guilty plea, limited prior record, remorse, favourable rehabilitation prospects if she complied with treatment, limited role in being present without physically participating or encouraging the stabbing, and the Crown's concession that time served adequately served the purposes of sentencing, a sentence of 18 months imprisonment with a 12 month non-parole period commencing 11 November 2020 was appropriate, with special circumstances found.

Court Disposition

The offender was convicted and sentenced to 18 months imprisonment with a non-parole period of 12 months, making her eligible for release on the date of sentence.

Orders

  • ['The offender is convicted of the offence.' 'Taking into account the 25% discount for the plea of guilty, a sentence of 18 months imprisonment is imposed, commencing 11 November 2020 and expiring 10 May 2022.' 'A non-parole period of 12 months is imposed, expiring 10 November 2021, and the offender is eligible for...