R v Copeland [2022] NSWDC 545

R v Copeland [2022] NSWDC 545

Given the mid-range seriousness of the offending, the offender's criminal history, but significant mitigating circumstances including mental health, substance abuse, demonstrated remorse, and background of deprivation as articulated in Bugmy, only full-time imprisonment is appropriate, but the sentence is reduced and backdated in recognition of a 25% utilitarian discount, special circumstances, and time served.

Parties
Prosecution: Rex; Offender: Ms Katreana May Copeland
Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Criminal / Sentence
Outcome
Conviction; sentence of fixed term imprisonment
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Bugmy Principles
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Bugmy Principles

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Parties

Rex

Prosecution

Ms Katreana May Copeland

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for assault occasioning actual bodily harm in light of the offender's background and psychological state
  2. 2 Application of Bugmy principles to the offender's circumstances
  3. 3 Consideration of aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

Given the mid-range seriousness of the offending, the offender's criminal history, but significant mitigating circumstances including mental health, substance abuse, demonstrated remorse, and background of deprivation as articulated in Bugmy, only full-time imprisonment is appropriate, but the sentence is reduced and backdated in recognition of a 25% utilitarian discount, special circumstances, and time served.

Court Disposition

Conviction; sentence of fixed term imprisonment

Orders

  • The offender is convicted.
  • The offender is sentenced to fixed term of 6 months commencing on 26 April 2021 and expiring on 25 October 2021.