R v Goder [2019] NSWDC 413

R v Goder [2019] NSWDC 413

The offender's brutal and violent assault causing grievous bodily harm was above the mid-range of objective seriousness, while the stealing from the person was towards the bottom of the range. Imprisonment was required for both offences. Although the offender had mental health and drug issues, they were not proved to have caused the offending, and his prospects of rehabilitation were poor. A 25% discount was allowed for early guilty pleas, and special circumstances were found because of his mental health issues and the benefit of a longer period on parole.

Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Sentence / Sentence Following Guilty Pleas
Outcome
Offender sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 6 months for recklessly causing grievous bodily harm, and imprisonment for 6 months for stealing from the person.
Legal Topics
['recklessly Causing Grievous Bodily Harm' 'steal From the Person' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount' 'mental Health and Sentencing']
['criminal Law' 'sentencing'] ['recklessly Causing Grievous Bodily Harm' 'steal From the Person' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount' 'mental Health and Sentencing']

Case Brief

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Procedural Posture

Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly causing grievous bodily harm contrary to s 35(2) of the Crimes Act.' 'What sentence should be imposed for stealing from the person contrary to s 94 of the Crimes Act.' 'Whether special circumstances justified varying the ratio of the head sentence to the non-parole period.' "What effect the offender's guilty plea, mental health issues, drug use, criminal history and prospects of rehabilitation should have on sentence."]

Ratio Decidendi

The offender's brutal and violent assault causing grievous bodily harm was above the mid-range of objective seriousness, while the stealing from the person was towards the bottom of the range. Imprisonment was required for both offences. Although the offender had mental health and drug issues, they were not proved to have caused the offending, and his prospects of rehabilitation were poor. A 25% discount was allowed for early guilty pleas, and special circumstances were found because of his mental health issues and the benefit of a longer period on parole.

Court Disposition

Offender sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 6 months for recklessly causing grievous bodily harm, and imprisonment for 6 months for stealing from the person.

Orders

  • ['For recklessly causing grievous bodily harm, imprisonment for 4 years and 6 months commencing 24 December 2017, with a non-parole period of 2 years and 6 months expiring on 23 June 2020 and a balance of term of 2 years expiring on 23 June 2022.' 'For stealing from the person, imprisonment for 6 months commencing...