R v Benjamin James Murphy [2018] NSWDC 203

R v Benjamin James Murphy [2018] NSWDC 203

The offender is convicted and sentenced to 7 years imprisonment (including a non-parole period of 4 years, 9 months) for causing grievous bodily harm with intent under s 33(1)(b) Crimes Act 1900, due to mid-range objective seriousness, aggravating factors (weapon use, offence while on conditional liberty), and a 12.5% discount for the guilty plea.

Parties
Crown: Regina; Offender: Murphy
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction and sentence imposed
Legal Topics
Sentencing, Wounding or Grievous Bodily Harm With Intent, Aggravating Factors, Discount for Guilty Plea, Assessment of Objective Gravity, Moral Culpability, Prospects of Rehabilitation
Criminal Law Sentencing Wounding or Grievous Bodily Harm With Intent Aggravating Factors Discount for Guilty Plea Assessment of Objective Gravity Moral Culpability Prospects of Rehabilitation

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Parties

Regina

Crown

Murphy

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for wounding or grievous bodily harm with intent under s 33(1)(b) of the Crimes Act 1900
  2. 2 Consideration of aggravating factors including commission of offence while on conditional liberty
  3. 3 Assessment of moral culpability and prospects of rehabilitation

Ratio Decidendi

The offender is convicted and sentenced to 7 years imprisonment (including a non-parole period of 4 years, 9 months) for causing grievous bodily harm with intent under s 33(1)(b) Crimes Act 1900, due to mid-range objective seriousness, aggravating factors (weapon use, offence while on conditional liberty), and a 12.5% discount for the guilty plea.

Court Disposition

Conviction and sentence imposed

Orders

  • The Offender is convicted.
  • The Offender is sentenced to 7 years imprisonment from 4 May 2016 to 3 May 2023.