R v Sartorel [2019] NSWDC 373

R v Sartorel [2019] NSWDC 373

The offence was assessed as well below mid-range seriousness due to the limited injuries and provocation; the offender's significant criminal history, institutionalisation, and social disadvantage warranted special circumstances and a departure from the standard non-parole period; a utilitarian discount applied for the guilty plea led to a sentence of imprisonment for two years and three months with a non-parole period of 18 months.

Parties
Crown: Director of Public Prosecutions; Offender: Joshua (Justine) Sartorel
Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Reckless Wounding, Offence Committed in Custody, Special Circumstances
Criminal Law Sentencing Reckless Wounding Offence Committed in Custody Special Circumstances

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Parties

Director of Public Prosecutions

Crown

Joshua (Justine) Sartorel

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of sentence for reckless wounding in company under s 35(3) of the Crimes Act
  2. 2 Assessment of objective seriousness of offence
  3. 3 Consideration of offender's criminal history and subjective circumstances

Ratio Decidendi

The offence was assessed as well below mid-range seriousness due to the limited injuries and provocation; the offender's significant criminal history, institutionalisation, and social disadvantage warranted special circumstances and a departure from the standard non-parole period; a utilitarian discount applied for the guilty plea led to a sentence of imprisonment for two years and three months with a non-parole period of 18 months.

Court Disposition

Convicted and sentenced

Orders

  • Convicted.
  • Sentenced to a term of full-time imprisonment of two years and three months commencing 2 April 2018 and expiring on 1 July 2020, with a non-parole period of 18 months expiring on 1 October 2019.