R v Nathan John MASCLET [2013] NSWDC 139

R v Nathan John MASCLET [2013] NSWDC 139

Having regard to the circumstances and seriousness of the offence, as well as the plea of guilty, prospects of rehabilitation, personal change, support, and finding of special circumstances, the appropriate sentence is 3 years and 9 months imprisonment with a non-parole period of 1 year and 11 months, reduced from the standard period to reflect special circumstances including young age, first time in custody, and need for further treatment.

Parties
Crown: Regina; Offender: Nathan John Masclet
Jurisdiction
Australia
Judgment Date
27 May 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of recklessly causing grievous bodily harm; sentenced to imprisonment.
Legal Topics
Recklessly Causing Grievous Bodily Harm, Sentencing, General Deterrence, Alcohol Fuelled Violence, Glass Injuries, Rehabilitation, Non Parole Period, Special Circumstances
Criminal Law Recklessly Causing Grievous Bodily Harm Sentencing General Deterrence Alcohol Fuelled Violence Glass Injuries Rehabilitation Non Parole Period +1 more

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Parties

Regina

Crown

Nathan John Masclet

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of recklessly causing grievous bodily harm under s 35(2) of the Crimes Act 1900, considering the offender's personal circumstances, prior record, and prospects of rehabilitation?

Ratio Decidendi

Having regard to the circumstances and seriousness of the offence, as well as the plea of guilty, prospects of rehabilitation, personal change, support, and finding of special circumstances, the appropriate sentence is 3 years and 9 months imprisonment with a non-parole period of 1 year and 11 months, reduced from the standard period to reflect special circumstances including young age, first time in custody, and need for further treatment.

Court Disposition

Convicted of recklessly causing grievous bodily harm; sentenced to imprisonment.

Orders

  • Convicted of the offence of recklessly causing grievous bodily harm
  • Imprisonment for 3 years and 9 months commencing 26 May 2013, expiring 25 February 2017