R v Green [2015] NSWDC 387

R v Green [2015] NSWDC 387

The offender's account that he stabbed the victim near the motel with a butterknife was rejected. The independent eyewitness evidence, expert medical evidence and physical evidence proved beyond reasonable doubt that the stabbing occurred outside the Junee Hotel with a sharp knife while the offender was in company with his brother, and that the later assault on the defenceless victim was also proved. The wounding with intent offence was in the middle range of objective seriousness and required imprisonment. Allowing for the plea of guilty, limited criminal history, rehabilitation prospects, lack of strict premeditation, totality and special circumstances requiring extended supervision,...

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Offender convicted and sentenced to an overall term of imprisonment of 8 years with a non-parole period of 4 years, backdated to 3 August 2015, with eligibility for release to parole on 2 August 2019.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm in Company' 'form 1 Offence' 'disputed Facts on Sentence' 'standard Non Parole Period' 'special Circumstances' 'totality' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm in Company' 'form 1 Offence' 'disputed Facts on Sentence' 'standard Non Parole Period' 'special Circumstances' 'totality' 'plea of Guilty Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the stabbing occurred outside the Junee Hotel rather than near the Junee Motel.' 'Whether the Crown proved the character of the weapon used, including whether it was a butterknife as asserted by the offender.' 'Whether the circumstances of the assault occasioning actual bodily harm in company were proved beyond reasonable doubt.' 'How the Form 1 affray matter should be taken into account on sentence.' 'Whether the wounding with intent offence fell within the middle range of objective seriousness for the standard non-parole period provisions.' 'Whether special circumstances justified an extended period of supervision and an adjusted non-parole period.' 'What sentence was appropriate having regard to objective seriousness, intoxication, criminal history, rehabilitation, totality and the plea of guilty.']

Ratio Decidendi

The offender's account that he stabbed the victim near the motel with a butterknife was rejected. The independent eyewitness evidence, expert medical evidence and physical evidence proved beyond reasonable doubt that the stabbing occurred outside the Junee Hotel with a sharp knife while the offender was in company with his brother, and that the later assault on the defenceless victim was also proved. The wounding with intent offence was in the middle range of objective seriousness and required imprisonment. Allowing for the plea of guilty, limited criminal history, rehabilitation prospects, lack of strict premeditation, totality and special circumstances requiring extended supervision,...

Court Disposition

Offender convicted and sentenced to an overall term of imprisonment of 8 years with a non-parole period of 4 years, backdated to 3 August 2015, with eligibility for release to parole on 2 August 2019.

Orders

  • ['For assault occasioning actual bodily harm in company, the offender is convicted and sentenced to 2 years imprisonment dating from 3 August 2015 and expiring on 2 August 2017.' 'For wounding with intent to cause grievous bodily harm, taking into account the Form 1 matter, the offender is convicted and sentenced to...