R v Harvey & Boye [2015] NSWDC 398

R v Harvey & Boye [2015] NSWDC 398

Both offenders were convicted for recklessly causing grievous bodily harm in company. Sentencing reflected the below-middle range objective seriousness, absence of pre-meditation, and no permanent injury, but aggravated by use of an implement and breach of conditional liberty. Delay, mental disability (Harvey), and rehabilitative prospects were taken into account, resulting in fixed terms with non-parole periods, special circumstances found pursuant to s 44 Crimes (Sentencing Procedure) Act 1999, and discrete discounts for guilty pleas of 17.5%.

Parties
Prosecutor: Crown; Offender: Sean Harvey; Offender: Andrew James Boye
Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to terms of imprisonment with fixed non-parole periods, special circumstances found for both offenders, and backup charges withdrawn and dismissed.
Legal Topics
Sentencing, Breach of Conditional Liberty, Delay in Prosecution, Special Circumstances, Mental Disability
Criminal Law Sentencing Breach of Conditional Liberty Delay in Prosecution Special Circumstances Mental Disability

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Parties

Crown

Prosecutor

Sean Harvey

Offender

Andrew James Boye

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Sentencing for recklessly causing grievous bodily harm in company
  2. 2 Effect of delay on sentencing
  3. 3 Impact of mental disability on moral culpability

Ratio Decidendi

Both offenders were convicted for recklessly causing grievous bodily harm in company. Sentencing reflected the below-middle range objective seriousness, absence of pre-meditation, and no permanent injury, but aggravated by use of an implement and breach of conditional liberty. Delay, mental disability (Harvey), and rehabilitative prospects were taken into account, resulting in fixed terms with non-parole periods, special circumstances found pursuant to s 44 Crimes (Sentencing Procedure) Act 1999, and discrete discounts for guilty pleas of 17.5%.

Court Disposition

Convicted; sentenced to terms of imprisonment with fixed non-parole periods, special circumstances found for both offenders, and backup charges withdrawn and dismissed.

Orders

  • Sean Harvey: Count 4 - sentenced to 2 years 6 months (non-parole period 1 year 3 months), Count 2 - sentenced to 3 years 3 months (non-parole period 1 year 3 months); eligible for parole on 17 July 2016.
  • Andrew James Boye: Count 2 - sentenced to 3 years 3 months (non-parole period 1 year 6 months); eligible for parole on 30 July 2016.