The Queen v Evans [2019] NFSC 2

The Queen v Evans [2019] NFSC 2

Having regard to the seriousness of the offending, the effect on the victim, and sentencing principles, a sentence of imprisonment of two years and eight months is appropriate, but given the offender's lack of violence record, genuine remorse, early plea, out-of-character offence, mitigating factors, and good prospects of rehabilitation, the sentence is wholly suspended for the same period under specified conditions.

Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Criminal / Sentencing Judgment After Guilty Plea
Outcome
Sentence of imprisonment wholly suspended; compensation ordered.
Legal Topics
['sentencing' 'recklessly Inflicting Grievous Bodily Harm' 'suspended Sentences' 'compensation Orders']
['criminal Law'] ['sentencing' 'recklessly Inflicting Grievous Bodily Harm' 'suspended Sentences' 'compensation Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing Judgment After Guilty Plea

Legal Issues

  1. 1 ['Appropriateness of sentence for recklessly inflicting grievous bodily harm under s 78(1) of the Criminal Code 2007 (NI)' 'Whether the sentence should be suspended in whole under s 39 of the Sentencing Act 2007 (NI)' 'Whether to make a compensation order under s 121 of the Sentencing Act 2007 (NI)']

Ratio Decidendi

Having regard to the seriousness of the offending, the effect on the victim, and sentencing principles, a sentence of imprisonment of two years and eight months is appropriate, but given the offender's lack of violence record, genuine remorse, early plea, out-of-character offence, mitigating factors, and good prospects of rehabilitation, the sentence is wholly suspended for the same period under specified conditions.

Court Disposition

Sentence of imprisonment wholly suspended; compensation ordered.

Orders

  • ['The offender is sentenced to imprisonment for two years and eight months.' 'The sentence is suspended in whole for two years and eight months, subject to the condition that the offender is not to commit another offence punishable by imprisonment during the operational period.' 'The offender is to pay within one...