R v Shepherd, Archie [2009] NSWDC 386

R v Shepherd, Archie [2009] NSWDC 386

The reckless wounding was a serious domestic violence offence involving a sustained assault, use of a metal curtain rod as a weapon, humiliating and degrading circumstances, prior violence against the same victim while the offender was on bail, and refusal to allow medical treatment. Although the wounds were relatively superficial and the objective seriousness was assessed as just below mid-range, imprisonment was required. The offender's plea warranted a 12.5 percent discount, the standard non-parole period did not apply, and special circumstances were found by reference to Fernando principles and the offender's disadvantaged background, resulting in a non-parole period shorter than the...

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Convicted and sentenced to imprisonment; leave granted to withdraw the assault occasioning actual bodily harm charge; sentenced on the contravene apprehended domestic violence order charge; apprehended personal violence order issued.
Legal Topics
['sentence' 'domestic Violence' 'reckless Wounding' 'aboriginal Offenders' 'fernando Principles' 'standard Non Parole Period' 'apprehended Personal Violence Order']
['criminal Law'] ['sentence' 'domestic Violence' 'reckless Wounding' 'aboriginal Offenders' 'fernando Principles' 'standard Non Parole Period' 'apprehended Personal Violence Order']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Assessment of the objective criminality of the reckless wounding offence committed in a domestic violence context.' "Consideration of subjective matters including the offender's Aboriginality, deprived background, substance abuse, mental health concerns, criminal history, remorse and rehabilitation prospects." 'Whether the standard non-parole period should apply.' 'Whether special circumstances should be found, including by reference to R v Fernando (1992) 76 A.Crim.R. 58.' 'Application of totality and accumulation in light of time served for another sentence.' 'Appropriate sentence for the s 166 matters, including withdrawal of the assault occasioning actual bodily harm charge and sentence for contravening an apprehended domestic violence order.']

Ratio Decidendi

The reckless wounding was a serious domestic violence offence involving a sustained assault, use of a metal curtain rod as a weapon, humiliating and degrading circumstances, prior violence against the same victim while the offender was on bail, and refusal to allow medical treatment. Although the wounds were relatively superficial and the objective seriousness was assessed as just below mid-range, imprisonment was required. The offender's plea warranted a 12.5 percent discount, the standard non-parole period did not apply, and special circumstances were found by reference to Fernando principles and the offender's disadvantaged background, resulting in a non-parole period shorter than the...

Court Disposition

Convicted and sentenced to imprisonment; leave granted to withdraw the assault occasioning actual bodily harm charge; sentenced on the contravene apprehended domestic violence order charge; apprehended personal violence order issued.

Orders

  • ['For reckless wounding, sentenced to a non-parole period of 18 months dating from 11 January 2009 and expiring on 10 July 2010, with a balance of term of 19 months expiring on 10 February 2012.' 'In respect of the s 166 matters, sequence 2, assault occasioning actual bodily harm, leave is given to the Crown to...