R v Scott GOLDING [2011] NSWDC 104

R v Scott GOLDING [2011] NSWDC 104

The offence of reckless wounding, involving serious injury to a teenage victim and the introduction of a knife into a volatile situation, falls within the middle of the range of objective seriousness. An early guilty plea warrants a 25% discount. There are no special circumstances justifying alteration of the standard ratio of non-parole period to the full term. A fixed term of 3 years imprisonment, with a non-parole period of 2 years and 3 months, is appropriate, taking into account the offender’s prior record, background, and prospects for rehabilitation.

Jurisdiction
Australia
Judgment Date
11 July 2011
Procedural Posture
Criminal Sentence / Sentencing
Outcome
Offender sentenced to 3 years imprisonment for reckless wounding, with non-parole period of 2 years 3 months; balance of 9 months; offender to be released on parole with stated conditions.
Legal Topics
['reckless Wounding' 'common Assault' 'sentencing' 'parole Conditions']
['criminal Law'] ['reckless Wounding' 'common Assault' 'sentencing' 'parole Conditions']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for reckless wounding under s 35(4) Crimes Act 1900' 'Consideration of additional common assault taken into account on sentencing' 'Effect of early guilty plea on sentence length' 'Degree of objective seriousness of the offence' 'Whether special circumstances justify adjusting non-parole period']

Ratio Decidendi

The offence of reckless wounding, involving serious injury to a teenage victim and the introduction of a knife into a volatile situation, falls within the middle of the range of objective seriousness. An early guilty plea warrants a 25% discount. There are no special circumstances justifying alteration of the standard ratio of non-parole period to the full term. A fixed term of 3 years imprisonment, with a non-parole period of 2 years and 3 months, is appropriate, taking into account the offender’s prior record, background, and prospects for rehabilitation.

Court Disposition

Offender sentenced to 3 years imprisonment for reckless wounding, with non-parole period of 2 years 3 months; balance of 9 months; offender to be released on parole with stated conditions.

Orders

  • ['Non-parole period of 2 years 3 months commencing 21 February 2010 expiring 20 May 2012' 'Balance of term of 9 months commencing 21 May 2012 expiring 20 February 2013' 'Order for release on parole on 20 May 2012' 'Parole conditions: good behaviour; supervision by Probation and Parole Service; compliance with...