R v Shane Gregory BLACKWELL [2012] NSWDC 179

R v Shane Gregory BLACKWELL [2012] NSWDC 179

A sentence of 4 years and 4 months, with a non-parole period of 2 years and 8 months, was appropriate due to the seriousness of the offence, the significant impact on the victim, the offender's remorse, guilty plea, prospects for rehabilitation, and absence of significant criminal history. Standard non-parole period was not imposed, and a 13 per cent discount was applied for the plea of guilty.

Jurisdiction
Australia
Judgment Date
13 February 2012
Procedural Posture
Criminal / Sentencing
Outcome
Sentence of imprisonment imposed
Legal Topics
['grievous Bodily Harm' 'hotel Glassing' 'sentencing' 'plea of Guilty' 'non Parole Period' 'rehabilitation' 'special Circumstances' 'mental Health' 'impact on Victim']
['criminal Law'] ['grievous Bodily Harm' 'hotel Glassing' 'sentencing' 'plea of Guilty' 'non Parole Period' 'rehabilitation' 'special Circumstances' 'mental Health' 'impact on Victim']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for recklessly causing grievous bodily harm' 'Consideration of standard non-parole period and special circumstances' 'Impact of plea of guilty and mitigating factors' "Effect of offender's mental health on sentencing"]

Ratio Decidendi

A sentence of 4 years and 4 months, with a non-parole period of 2 years and 8 months, was appropriate due to the seriousness of the offence, the significant impact on the victim, the offender's remorse, guilty plea, prospects for rehabilitation, and absence of significant criminal history. Standard non-parole period was not imposed, and a 13 per cent discount was applied for the plea of guilty.

Court Disposition

Sentence of imprisonment imposed

Orders

  • ['Offender sentenced to 4 years and 4 months imprisonment, commencing 3 August 2009, expiring 2 December 2013' 'Non-parole period set at 2 years and 8 months, commencing 3 August 2009, expiring 2 April 2012' 'Balance of term is 1 year and 8 months, commencing 3 April 2012, expiring 2 December 2013' 'Eligibility for...