R v McWaters [2019] NSWDC 872

R v McWaters [2019] NSWDC 872

Given the objective seriousness, aggravating factor of offending on parole, mitigating factors of a guilty plea, youth, and moderated moral culpability, the appropriate sentence is three years and seven months imprisonment with a non-parole period of two years and nine months; special circumstances justified rearrangement of the non-parole period.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
['sentencing' 'reckless Wounding in Company' 'aggravating and Mitigating Circumstances' 'conditional Liberty' 'criminal Procedure']
['criminal Law'] ['sentencing' 'reckless Wounding in Company' 'aggravating and Mitigating Circumstances' 'conditional Liberty' 'criminal Procedure']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for reckless wounding in company in breach of s 35(3) of the Crimes Act' 'Assessment of objective seriousness and personal factors' 'Application of aggravating and mitigating circumstances' 'Consideration of parity with co-offender']

Ratio Decidendi

Given the objective seriousness, aggravating factor of offending on parole, mitigating factors of a guilty plea, youth, and moderated moral culpability, the appropriate sentence is three years and seven months imprisonment with a non-parole period of two years and nine months; special circumstances justified rearrangement of the non-parole period.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • ['Imprisonment for 3 years and 7 months from 21 May 2018 to 20 December 2021' 'Non-parole period of 2 years and 9 months ending 20 February 2020' 'Finding of special circumstances for sentence structuring' 'Recommendation that State Parole Authority adopt the rehabilitation treatment plan outlined in psychological...