DPP v Bolder [2009] NSWLC 25

DPP v Bolder [2009] NSWLC 25

The combination of the offender’s pursuit, the use of a weapon, and the significant injuries mean the offence is at the middle range of objective seriousness and warrants a custodial sentence. However, the offender’s guilty plea, previous good character, cognitive impairment, and the exceptional hardship to his mother justify a sentence of 18 months imprisonment to be served by way of periodic detention.

Parties
Prosecutor: Director of Public Prosecutions; Defendant: Dean Troy Bolder
Jurisdiction
Australia
Judgment Date
11 August 2009
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence imposed
Legal Topics
Reckless Wounding, Sentencing, Aggravating and Mitigating Factors, Discount for Guilty Plea, Periodic Detention
Criminal Law Reckless Wounding Sentencing Aggravating and Mitigating Factors Discount for Guilty Plea Periodic Detention

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Parties

Director of Public Prosecutions

Prosecutor

Dean Troy Bolder

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for reckless wounding under s 35(4) of the Crimes Act 1900?
  2. 2 Do aggravating and mitigating circumstances alter the sentencing outcome?
  3. 3 Does the offender's guilty plea entitle him to a sentencing discount?

Ratio Decidendi

The combination of the offender’s pursuit, the use of a weapon, and the significant injuries mean the offence is at the middle range of objective seriousness and warrants a custodial sentence. However, the offender’s guilty plea, previous good character, cognitive impairment, and the exceptional hardship to his mother justify a sentence of 18 months imprisonment to be served by way of periodic detention.

Court Disposition

conviction and sentence imposed

Orders

  • The offender is convicted and sentenced to imprisonment for a period of 18 months to be served by way of periodic detention.
  • The sentence is to consist of a minimum period of 12 months with an additional period of 6 months on parole.