Regina v John Charles Hordern [2016] NSWDC 230

Regina v John Charles Hordern [2016] NSWDC 230

The offence was in the mid-range of objective seriousness: the offender armed himself with a large bladed weapon, went to the victim's home, struck him twice causing serious wounds, and intended to cause grievous bodily harm. Although his early drug addiction, deprived background, remorse, guilty plea, guarded rehabilitation prospects, and physical and mental conditions mitigated sentence and warranted special circumstances, his prior violent record, actual use of a weapon, commission of the offence at the victim's home, and the need for deterrence required a substantial term of imprisonment. No alternative to imprisonment was appropriate.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty in the Local Court
Outcome
The offender was convicted and sentenced to imprisonment for six years with a non-parole period of four years, backdated to 29 August 2015, with eligibility for parole on 28 August 2019.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'use of Dangerous Weapon' 'victim Impact' 'illicit Drug Use' 'mental Condition' 'special Circumstances' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'use of Dangerous Weapon' 'victim Impact' 'illicit Drug Use' 'mental Condition' 'special Circumstances' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for wounding with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900.' "The objective seriousness of the offence, including the use of a machete or shortened sword, the injuries caused, the attack at the victim's home, and the offender's intent." "The weight to give to general and specific deterrence in light of the offender's substance abuse disorder, antisocial personality disorder, anxiety symptoms, deprived background, and physical illness." 'Whether aggravating factors under s 21A(2) and mitigating factors under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 were established.' 'Whether any penalty other than imprisonment was appropriate and whether special circumstances justified an extended parole period.']

Ratio Decidendi

The offence was in the mid-range of objective seriousness: the offender armed himself with a large bladed weapon, went to the victim's home, struck him twice causing serious wounds, and intended to cause grievous bodily harm. Although his early drug addiction, deprived background, remorse, guilty plea, guarded rehabilitation prospects, and physical and mental conditions mitigated sentence and warranted special circumstances, his prior violent record, actual use of a weapon, commission of the offence at the victim's home, and the need for deterrence required a substantial term of imprisonment. No alternative to imprisonment was appropriate.

Court Disposition

The offender was convicted and sentenced to imprisonment for six years with a non-parole period of four years, backdated to 29 August 2015, with eligibility for parole on 28 August 2019.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of six years with a non-parole period of four years to date from 29 August 2015.' 'The offender is eligible to be released on parole on 28 August 2019.']