R v King (No. 2) [2013] NSWSC 1811

R v King (No. 2) [2013] NSWSC 1811

Because the offence of recklessly inflicting grievous bodily harm contrary to s. 35(2) of the Crimes Act 1900 (NSW) carried a standard non-parole period, the previously imposed fixed term required correction. The Court re-opened the proceedings under s. 43(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), treated the former fixed term of 2 years and 6 months as the non-parole period, and imposed an additional 10 month balance of term, which was subsumed by the murder sentence so that the overall non-parole period and total sentence remained unchanged.

Jurisdiction
Australia
Judgment Date
06 December 2013
Procedural Posture
Criminal Sentencing / Application to Re Open Sentence Proceedings and Re Sentence
Outcome
Sentence proceedings re-opened and offender re-sentenced for recklessly inflicting grievous bodily harm upon David Lindsay.
Legal Topics
['re Sentence' 'standard Non Parole Period' 'fixed Term Sentence' 'totality']
['criminal Law' 'sentencing'] ['re Sentence' 'standard Non Parole Period' 'fixed Term Sentence' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing / Application to Re Open Sentence Proceedings and Re Sentence

Legal Issues

  1. 1 ['Whether the sentence proceedings should be re-opened under s. 43 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the fixed term imposed for recklessly inflicting grievous bodily harm required correction because the offence carried a standard non-parole period.' 'How the corrected sentence should be imposed consistently with the totality of the offending and the original overall sentence.']

Ratio Decidendi

Because the offence of recklessly inflicting grievous bodily harm contrary to s. 35(2) of the Crimes Act 1900 (NSW) carried a standard non-parole period, the previously imposed fixed term required correction. The Court re-opened the proceedings under s. 43(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), treated the former fixed term of 2 years and 6 months as the non-parole period, and imposed an additional 10 month balance of term, which was subsumed by the murder sentence so that the overall non-parole period and total sentence remained unchanged.

Court Disposition

Sentence proceedings re-opened and offender re-sentenced for recklessly inflicting grievous bodily harm upon David Lindsay.

Orders

  • ['Pursuant to s. 43(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) I re-open the sentence proceedings of the offender.' 'In respect of the offence of recklessly inflicting grievous bodily harm upon David Lindsay, and in lieu of the sentence imposed upon the offender on 21 June 2013, the offender is sentenced...