R v Buangern [2019] NSWDC 637

R v Buangern [2019] NSWDC 637

The court sentenced Mr Buangern to an aggregate custodial term with a non-parole period, considering the impulsive, not planned nature of the violent offence, the low objective seriousness of each offence (despite aggravation via conditional liberty for the drug supply), relevant statutory factors and principles of totality, and recognition of his personal circumstances, remorse and guilty pleas.

Parties
Crown: Regina; Offender: Sepathong Buangern
Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Sentence / Sentencing
Outcome
Custodial sentence imposed
Legal Topics
Reckless Wounding, Ongoing Supply Prohibited Drug, Sentence, Guilty Plea, Objective Seriousness, Mitigating and Aggravating Factors, Non Parole Period, Special Circumstances
Criminal Law Reckless Wounding Ongoing Supply Prohibited Drug Sentence Guilty Plea Objective Seriousness Mitigating and Aggravating Factors Non Parole Period +1 more

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Parties

Regina

Crown

Sepathong Buangern

Offender

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 Sentencing for reckless wounding under s 35(4) Crimes Act 1900
  2. 2 Sentencing for ongoing supply of a prohibited drug under s 25A(1) Drug (Misuse and Trafficking) Act 1995
  3. 3 Totality of sentence for multiple offences

Ratio Decidendi

The court sentenced Mr Buangern to an aggregate custodial term with a non-parole period, considering the impulsive, not planned nature of the violent offence, the low objective seriousness of each offence (despite aggravation via conditional liberty for the drug supply), relevant statutory factors and principles of totality, and recognition of his personal circumstances, remorse and guilty pleas.

Court Disposition

Custodial sentence imposed

Orders

  • Convicted of the offence of ongoing supply of prohibited drug: sentenced to non-parole period of 10 months' imprisonment from 12 October 2017 to 11 August 2018, with balance of sentence expiring 11 September 2019.
  • Convicted of the offence of reckless wounding (including Form 1 offence): sentenced to non-parole period of 1 year from 12 August 2018 to 11 August 2019, with balance of sentence expiring 11 February 2021.