R v Amaroo Edward Davis [2020] NSWDC 340

R v Amaroo Edward Davis [2020] NSWDC 340

The offender's reckless wounding in company was in the mid range of objective seriousness despite intoxication, involved joint criminal enterprise liability, weapons, premeditation to a degree, a defenceless victim and significant injuries. The offender's youth, social disadvantage, likely cognitive impairment, guilty plea, rehabilitation needs, special circumstances and totality with the existing robbery sentence justified a sentence below the standard non-parole period. A full-time custodial sentence was required, but the non-parole period was tailored to the existing sentence and special circumstances.

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Criminal Sentence for Reckless Wounding in Company, With Affray Dealt With on Form 1 / Sentence Following Guilty Plea
Outcome
Amaroo Edward Davis was convicted and sentenced to imprisonment for reckless wounding in company, taking the Form 1 affray matter into account.
Legal Topics
['reckless Wounding in Company' 'affray' 'form 1 Procedure' 'standard Non Parole Period' 'objective Seriousness' 'intoxication' 'joint Criminal Enterprise' 'youth' 'social Disadvantage' 'special Circumstances' 'totality']
['criminal Law' 'sentencing'] ['reckless Wounding in Company' 'affray' 'form 1 Procedure' 'standard Non Parole Period' 'objective Seriousness' 'intoxication' 'joint Criminal Enterprise' 'youth' 'social Disadvantage' 'special Circumstances' 'totality']

Case Brief

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Procedural Posture

Criminal Sentence for Reckless Wounding in Company, With Affray Dealt With on Form 1 / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding in company under section 35(3) of the Crimes Act 1900, taking into account an affray offence under the Form 1 procedure.' "How the offender's intoxication, youth, disadvantaged background, cognitive impairment, criminal history, guilty plea and prospects of rehabilitation should affect sentence." 'How the standard non-parole period and totality principles should be applied given the offender was already serving a sentence for armed robbery.' 'Whether special circumstances justified a non-parole period different from the standard non-parole period.']

Ratio Decidendi

The offender's reckless wounding in company was in the mid range of objective seriousness despite intoxication, involved joint criminal enterprise liability, weapons, premeditation to a degree, a defenceless victim and significant injuries. The offender's youth, social disadvantage, likely cognitive impairment, guilty plea, rehabilitation needs, special circumstances and totality with the existing robbery sentence justified a sentence below the standard non-parole period. A full-time custodial sentence was required, but the non-parole period was tailored to the existing sentence and special circumstances.

Court Disposition

Amaroo Edward Davis was convicted and sentenced to imprisonment for reckless wounding in company, taking the Form 1 affray matter into account.

Orders

  • ['Amaroo Edward Davis for the offence charged under section s 35(3) of the Crimes Act you are convicted.' 'I sentence you to a term of imprisonment of a non-parole period of 12 months, to commence from 13 February 2020 and expiring on 12 February 2021, with a balance of term of 2 years, expiring on 12 February 2023.']