R v Daldy-Rowe [2019] NSWDC 899

R v Daldy-Rowe [2019] NSWDC 899

The Court imposed a custodial sentence because the offending involved threats and actual violence with a syringe in a hospital emergency department, caused physical and emotional harm, and affected vulnerable hospital workers and patients. The use offensive weapon offence was assessed at about the mid-range of objective seriousness, with upward pressure from the two Form 1 common assaults, while the assault occasioning actual bodily harm was assessed above mid-range because of the perceived risk of HIV infection and emotional harm. The sentence was moderated by the offender's guilty pleas, 25% utilitarian discount, remorse, tragic background, substance abuse disorder, borderline...

Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty in the Local Court
Outcome
Convicted and sentenced to imprisonment with a finding of special circumstances.
Legal Topics
['use Offensive Weapon With Intent' 'assault Occasioning Actual Bodily Harm' 'intimidation' 'common Assault on Form 1' 'resist Officer in Execution of Duty' 'special Circumstances' 'guilty Plea Discount' 'substance Abuse Disorder' 'borderline Personality Disorder']
['criminal Law' 'sentencing'] ['use Offensive Weapon With Intent' 'assault Occasioning Actual Bodily Harm' 'intimidation' 'common Assault on Form 1' 'resist Officer in Execution of Duty' 'special Circumstances' 'guilty Plea Discount' 'substance Abuse Disorder' 'borderline Personality Disorder']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for using an offensive weapon with intent to commit intimidation, assault occasioning actual bodily harm, and resisting an officer in the execution of duty.' 'What objective seriousness should be attributed to the use offensive weapon charge and the assault occasioning actual bodily harm charge.' 'What effect should be given to the two common assault offences on the Form 1.' 'Whether the offender should receive a 25% utilitarian discount for guilty pleas.' "Whether special circumstances should be found because of the offender's psychological and psychiatric vulnerabilities and need for parole supervision."]

Ratio Decidendi

The Court imposed a custodial sentence because the offending involved threats and actual violence with a syringe in a hospital emergency department, caused physical and emotional harm, and affected vulnerable hospital workers and patients. The use offensive weapon offence was assessed at about the mid-range of objective seriousness, with upward pressure from the two Form 1 common assaults, while the assault occasioning actual bodily harm was assessed above mid-range because of the perceived risk of HIV infection and emotional harm. The sentence was moderated by the offender's guilty pleas, 25% utilitarian discount, remorse, tragic background, substance abuse disorder, borderline...

Court Disposition

Convicted and sentenced to imprisonment with a finding of special circumstances.

Orders

  • ['For the resist officer offence on the s 166 certificate, the offender is convicted and sentenced to a fixed term of imprisonment of 9 months commencing on 10 November 2018 and expiring on 9 August 2019.' 'For the s 33(B)(1)(a) offence, taking into account two common assaults on the Form 1, the indicative sentence...