R v TABORDA [2009] NSWDC 51

R v TABORDA [2009] NSWDC 51

The seriousness of the offence, its aggravation by use of a weapon, the lack of sworn evidence supporting some mitigation, the partial utilitarian benefit from the plea of guilty, the relatively late plea, and personal circumstances led to a sentence below the standard non-parole period, taking into account but discounting certain mitigating claims.

Jurisdiction
Australia
Judgment Date
12 March 2009
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment
Legal Topics
['sentence' 'malicious Wounding With Intent to Cause Grievous Bodily Harm' 'intoxication']
['criminal Law'] ['sentence' 'malicious Wounding With Intent to Cause Grievous Bodily Harm' 'intoxication']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for malicious wounding with intent to cause grievous bodily harm' 'Effect of intoxication as a mitigating or neutral factor' 'Effect of psychological trauma and circumstances in sentencing']

Ratio Decidendi

The seriousness of the offence, its aggravation by use of a weapon, the lack of sworn evidence supporting some mitigation, the partial utilitarian benefit from the plea of guilty, the relatively late plea, and personal circumstances led to a sentence below the standard non-parole period, taking into account but discounting certain mitigating claims.

Court Disposition

Sentenced to imprisonment

Orders

  • ['Imprisonment for a non-parole period of 2 years and 6 months commencing 18 November 2007' 'Overall term of imprisonment set at 4 years and 8 months' 'Eligible for release to parole on 17 May 2010']