R v Attard [2020] NSWDC 443

R v Attard [2020] NSWDC 443

The Court imposed a substantial custodial aggregate sentence because the offender committed serious violent offences against the victim while on conditional liberty: the s 154C(2) offence was in the midrange of objective seriousness and the reckless wounding was above the midrange. His drug addiction, disadvantaged background, genuine remorse and early guilty pleas mitigated sentence, and special circumstances justified reducing the non-parole period to allow supervision and drug treatment, but his lengthy record and the seriousness of the offending required an aggregate head sentence of 6 years with a 4 year non-parole period, plus a separate 1 month term for breach of Community...

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Aggregate sentence of imprisonment imposed for the two substantive offences; Community Correction Orders revoked and one month's imprisonment imposed for breach; convictions recorded without further penalty for the s 166 certificate offences with one year driving disqualification; offender referred to the Drug Court.
Legal Topics
['taking a Motor Vehicle Without Consent With Occupant Inside and Inflicting Actual Bodily Harm' 'reckless Wounding' 'property Damage' 'unlicensed Driving' 'reckless Driving' 'breach of Community Correction Orders' 'drug Addiction and Rehabilitation' 'bugmy Disadvantage' 'special Circumstances' 'referral to Drug Court']
['criminal Law' 'sentencing'] ['taking a Motor Vehicle Without Consent With Occupant Inside and Inflicting Actual Bodily Harm' 'reckless Wounding' 'property Damage' 'unlicensed Driving' 'reckless Driving' 'breach of Community Correction Orders' 'drug Addiction and Rehabilitation' 'bugmy Disadvantage' 'special Circumstances' 'referral to Drug Court']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for taking and driving a motor vehicle without the owner's consent while the owner was in the vehicle and intentionally and recklessly inflicting actual bodily harm, and for reckless wounding." 'How the objective seriousness of the two substantive offences should be assessed.' "Whether the offender's background of disadvantage and social deprivation mitigated culpability." 'Whether the offender was entitled to a discount for early guilty pleas.' 'Whether special circumstances justified a non-parole period lower than the statutory ratio.' 'How to deal with the offences on the s 166 certificate and the breach of Community Correction Orders.' 'Whether the offender should be referred to the Drug Court for consideration of a compulsory drug treatment order.']

Ratio Decidendi

The Court imposed a substantial custodial aggregate sentence because the offender committed serious violent offences against the victim while on conditional liberty: the s 154C(2) offence was in the midrange of objective seriousness and the reckless wounding was above the midrange. His drug addiction, disadvantaged background, genuine remorse and early guilty pleas mitigated sentence, and special circumstances justified reducing the non-parole period to allow supervision and drug treatment, but his lengthy record and the seriousness of the offending required an aggregate head sentence of 6 years with a 4 year non-parole period, plus a separate 1 month term for breach of Community...

Court Disposition

Aggregate sentence of imprisonment imposed for the two substantive offences; Community Correction Orders revoked and one month's imprisonment imposed for breach; convictions recorded without further penalty for the s 166 certificate offences with one year driving disqualification; offender referred to the Drug Court.

Orders

  • ['For the breach of the Community Correction Orders imposed by the Central Local Court on 8 May 2019, the Community Correction Orders were revoked and the offender was sentenced to imprisonment for one month commencing on 16 July 2019 and expiring on 15 August 2019.' 'For the offence contrary to s 154C(2) of the...