R v Simmons (No 8) [2015] NSWSC 627

R v Simmons (No 8) [2015] NSWSC 627

Given the seriousness of the assault, aggravating features (victim vulnerability, home setting), lack of remorse, prior record, and limited mitigating circumstances, a sentence of full time imprisonment with a non-parole period reflecting a just under 10% discount for plea was required to meet objectives of denunciation and deterrence.

Parties
Prosecution: Crown; Accused: Tony James Simmons
Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to full time imprisonment for assault occasioning actual bodily harm.
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Alcohol Fuelled Violence
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Alcohol Fuelled Violence

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Parties

Crown

Prosecution

Tony James Simmons

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of assault occasioning actual bodily harm given the circumstances and aggravating/mitigating factors?

Ratio Decidendi

Given the seriousness of the assault, aggravating features (victim vulnerability, home setting), lack of remorse, prior record, and limited mitigating circumstances, a sentence of full time imprisonment with a non-parole period reflecting a just under 10% discount for plea was required to meet objectives of denunciation and deterrence.

Court Disposition

Sentenced to full time imprisonment for assault occasioning actual bodily harm.

Orders

  • Sentenced to a non-parole period of two years commencing on 26 July 2013 and expiring on 25 July 2015.
  • Balance of term of nine months expiring on 25 April 2016.