R v Waters, Napier [2009] NSWDC 297

R v Waters, Napier [2009] NSWDC 297

Waters committed an aggravated wounding of the victim in company with a female co-offender, motivated by seeking money for drug use and assessed as below mid-range seriousness. Having pleaded guilty, mitigated by his personal circumstances and motivation for rehabilitation, the court determined Section 11 Conditional Bail was appropriate, contingent upon full-time rehabilitation and strict supervision.

Jurisdiction
Australia
Judgment Date
02 October 2009
Procedural Posture
Criminal / Sentencing
Outcome
Section 11 Conditional Bail granted for 12 months; stay of orders until 8 October 2009.
Legal Topics
['sentencing' 'bail' 'aggravated Wounding' 'drug Related Offending']
['criminal Law'] ['sentencing' 'bail' 'aggravated Wounding' 'drug Related Offending']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing principles for aggravated wounding in company' 'Appropriateness of Section 11 Conditional Bail' 'Assessment of objective and subjective factors' 'Mitigating impact of guilty plea' 'Level of criminality below mid-range seriousness']

Ratio Decidendi

Waters committed an aggravated wounding of the victim in company with a female co-offender, motivated by seeking money for drug use and assessed as below mid-range seriousness. Having pleaded guilty, mitigated by his personal circumstances and motivation for rehabilitation, the court determined Section 11 Conditional Bail was appropriate, contingent upon full-time rehabilitation and strict supervision.

Court Disposition

Section 11 Conditional Bail granted for 12 months; stay of orders until 8 October 2009.

Orders

  • ['Offender to enter full-time rehabilitation program for several months.' 'Offender to accept supervision of probation and parole and follow all reasonable directions from case manager.' 'Period of complete abstinence from alcohol and drugs for at least the first eight months.' 'Submit to random breath and urine...