R v Debua [2018] NSWDC 415

R v Debua [2018] NSWDC 415

Given the objective and subjective circumstances, including the provocation, remorse, and low likelihood of reoffending, the purposes of sentencing are appropriately achieved with a section 9 good behaviour bond and the threshold for a more severe penalty under section 5 is not met.

Parties
Crown: Regina; Offender: Hark Debua
Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and ordered to enter into a section 9 good behaviour bond for 12 months.
Legal Topics
Sentencing, Grievous Bodily Harm, Mitigating Factors
Criminal Law Sentencing Grievous Bodily Harm Mitigating Factors

Case Brief

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Parties

Regina

Crown

Hark Debua

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for recklessly causing grievous bodily harm under section 35(2) Crimes Act 1900

Ratio Decidendi

Given the objective and subjective circumstances, including the provocation, remorse, and low likelihood of reoffending, the purposes of sentencing are appropriately achieved with a section 9 good behaviour bond and the threshold for a more severe penalty under section 5 is not met.

Court Disposition

Offender convicted and ordered to enter into a section 9 good behaviour bond for 12 months.

Orders

  • The offender is convicted.
  • Pursuant to section 9, the offender is to enter into a good behaviour bond for 12 months.