R v BWJ [2008] NSWCCA 333

R v BWJ [2008] NSWCCA 333

The sentences were manifestly inadequate because the respondent twice inflicted grievous bodily harm on a two-month-old child in his care and also assaulted the child; the victim’s vulnerability and the respondent’s position of trust required denunciation and general deterrence, and the respondent’s subjective circumstances and rehabilitation prospects could not justify non-custodial sentences. Full-time imprisonment was the only sentence reasonably open, although the new sentence was set at the bottom of the range to reflect the respondent’s youth, guilty pleas and the fact that he had been complying with the bonds.

Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Criminal Sentencing Crown Appeal / Appeal Against Sentences Imposed in the District Court
Outcome
Crown appeal allowed; sentences imposed in the District Court quashed; respondent re-sentenced to full-time imprisonment with parole.
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'maliciously Inflicting Grievous Bodily Harm' 'assault' 'child Victim' 'general Deterrence' 'full Time Custody' 'good Behaviour Bonds']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'maliciously Inflicting Grievous Bodily Harm' 'assault' 'child Victim' 'general Deterrence' 'full Time Custody' 'good Behaviour Bonds']

Case Brief

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Procedural Posture

Criminal Sentencing Crown Appeal / Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the good behaviour bonds and no-sentence order imposed for two offences of maliciously inflicting grievous bodily harm and one assault were manifestly inadequate.' "Whether the sentencing judge gave insufficient weight to the objective seriousness of the offending and general deterrence, and excessive weight to the respondent's subjective circumstances." 'Whether full-time imprisonment was the only reasonably available sentencing option.']

Ratio Decidendi

The sentences were manifestly inadequate because the respondent twice inflicted grievous bodily harm on a two-month-old child in his care and also assaulted the child; the victim’s vulnerability and the respondent’s position of trust required denunciation and general deterrence, and the respondent’s subjective circumstances and rehabilitation prospects could not justify non-custodial sentences. Full-time imprisonment was the only sentence reasonably open, although the new sentence was set at the bottom of the range to reflect the respondent’s youth, guilty pleas and the fact that he had been complying with the bonds.

Court Disposition

Crown appeal allowed; sentences imposed in the District Court quashed; respondent re-sentenced to full-time imprisonment with parole.

Orders

  • ['In respect of the first charge of maliciously inflicting grievous bodily harm, the respondent is sentenced to a term of imprisonment comprising a non-parole period of 9 months and a balance of term of 9 months to date from 27 October 2008. The non-parole period expires on 26 July 2009.' 'In respect of the second...