R v Brian Michael Magus [2015] NSWDC 149

R v Brian Michael Magus [2015] NSWDC 149

Imprisonment is the only appropriate penalty for an offence of wounding with intent to cause grievous bodily harm of mid-range seriousness, led and planned by the offender, having taken into account a 25% discount for the early plea, period of pre-sentence custody, aggravating factors, and special circumstances justifying variation of the non-parole period.

Parties
Crown: Director of Public Prosecutions; Offender: Brian Michael Magus
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Criminal / Sentence
Outcome
Custodial sentence imposed
Legal Topics
Wounding With Intent, Sentencing, Aggravated Break and Enter
Criminal Law Wounding With Intent Sentencing Aggravated Break and Enter

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Parties

Director of Public Prosecutions

Crown

Brian Michael Magus

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for an offence of wounding with intent to cause grievous bodily harm pursuant to s 33(1)(a) of the Crimes Act 1900?
  2. 2 What effect should be given for an early plea of guilty and prior time served?
  3. 3 Should an Intensive Corrections Order be considered appropriate?

Ratio Decidendi

Imprisonment is the only appropriate penalty for an offence of wounding with intent to cause grievous bodily harm of mid-range seriousness, led and planned by the offender, having taken into account a 25% discount for the early plea, period of pre-sentence custody, aggravating factors, and special circumstances justifying variation of the non-parole period.

Court Disposition

Custodial sentence imposed

Orders

  • The offender is convicted of the offence pursuant to s 33(1)(a) of the Crimes Act 1900.
  • Sentenced to a non-parole period of 15 months commencing 22 May 2015 to 21 August 2016.