R v Naquita Heaki [2021] NSWDC 296

R v Naquita Heaki [2021] NSWDC 296

Although the offender was criminally responsible under joint criminal enterprise for reckless grievous bodily harm and damage to property, her role was significantly less than the co-offender’s and her conduct was a product of drug-induced psychosis rather than deliberate intent. The objective seriousness of her offending fell below the mid-range for the principal offence. Given her significant rehabilitation, remorse, good character, and low risk of recidivism, the sentence of 2 years and 4 months imprisonment should be served by way of an Intensive Correction Order with standard and rehabilitation conditions.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: Naquita Heaki
Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted, sentenced to 2 years 4 months by way of Intensive Correction Order (ICO) for aggregate of both offences, with standard and additional rehabilitation conditions.
Legal Topics
Sentencing, Reckless Grievous Bodily Harm, Destroy or Damage Property, Objective Seriousness, Mitigating Factors, Aggravating Factors, Intensive Correction Order, Parity in Sentencing, Drug Induced Psychosis, Plea of Guilty
Criminal Law Sentencing Reckless Grievous Bodily Harm Destroy or Damage Property Objective Seriousness Mitigating Factors Aggravating Factors Intensive Correction Order +3 more

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

Naquita Heaki

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for reckless grievous bodily harm in company under s 35(1) Crimes Act 1900 and destroy/damage property under s 195(1) Crimes Act 1900; assessment of objective seriousness; consideration of aggravating and mitigating factors; impact of drug-induced psychosis on culpability and sentencing; whether sentence should be served by way of intensive correction order

Ratio Decidendi

Although the offender was criminally responsible under joint criminal enterprise for reckless grievous bodily harm and damage to property, her role was significantly less than the co-offender’s and her conduct was a product of drug-induced psychosis rather than deliberate intent. The objective seriousness of her offending fell below the mid-range for the principal offence. Given her significant rehabilitation, remorse, good character, and low risk of recidivism, the sentence of 2 years and 4 months imprisonment should be served by way of an Intensive Correction Order with standard and rehabilitation conditions.

Court Disposition

Convicted, sentenced to 2 years 4 months by way of Intensive Correction Order (ICO) for aggregate of both offences, with standard and additional rehabilitation conditions.

Orders

  • Conviction for reckless grievous bodily harm in company (s 35(1) Crimes Act 1900) and destroy/damage property (s 195(1) Crimes Act 1900).
  • Aggregate sentence of 2 years and 4 months imprisonment.