R v Riley [2018] NSWDC 515

R v Riley [2018] NSWDC 515

The offence of reckless wounding was at least at the high end of the midrange of objective seriousness because the offender, armed with knives and acting under drug-induced paranoia, intimidated the victim and stabbed him in the back while he was trying to escape, causing a punctured lung and hospitalisation. The drug-induced psychosis did not excuse the offending and voluntary methylamphetamine ingestion did not mitigate objective seriousness, but Bugmy and Fernando considerations reduced moral culpability and special circumstances justified a longer period on parole to assist rehabilitation and cessation of prohibited drug use.

Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Criminal Sentence / Sentencing Following Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 4 years with a non-parole period of 2 years and 6 months; Form 1 matters taken into account; special circumstances found.
Legal Topics
['reckless Wounding' 'form 1 Matters' 'intimidation' 'take and Drive Conveyance' 'possess Prohibited Drug' 'drug Induced Psychosis' 'special Circumstances' 'bugmy and Fernando Factors']
['criminal Law' 'sentencing'] ['reckless Wounding' 'form 1 Matters' 'intimidation' 'take and Drive Conveyance' 'possess Prohibited Drug' 'drug Induced Psychosis' 'special Circumstances' 'bugmy and Fernando Factors']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for reckless wounding contrary to s 35(4) of the Crimes Act 1900, taking into account the Form 1 offences.' 'The objective seriousness of the reckless wounding offence.' "Whether drug-induced psychosis or voluntary methylamphetamine use mitigated the offender's culpability or objective seriousness." "Whether the offender's deprived background and Indigenous descent affected moral culpability under Bugmy and Fernando principles." 'Whether special circumstances justified altering the statutory relationship between the non-parole period and the balance of term.']

Ratio Decidendi

The offence of reckless wounding was at least at the high end of the midrange of objective seriousness because the offender, armed with knives and acting under drug-induced paranoia, intimidated the victim and stabbed him in the back while he was trying to escape, causing a punctured lung and hospitalisation. The drug-induced psychosis did not excuse the offending and voluntary methylamphetamine ingestion did not mitigate objective seriousness, but Bugmy and Fernando considerations reduced moral culpability and special circumstances justified a longer period on parole to assist rehabilitation and cessation of prohibited drug use.

Court Disposition

Convicted and sentenced to imprisonment for 4 years with a non-parole period of 2 years and 6 months; Form 1 matters taken into account; special circumstances found.

Orders

  • ['The offender is convicted of reckless wounding contrary to s 35(4) of the Crimes Act 1900.' 'The offences of intimidate, take and drive conveyance, and possess prohibited drug referred to on the Form 1 are taken into account on sentence.' 'The offender is sentenced to a non-parole period of 2 years and 6 months...