R v Nicholas Murray Read [2018] NSWDC 304

R v Nicholas Murray Read [2018] NSWDC 304

Given the offender's course of conduct involving drug-fueled violence and attempts to pervert justice, with early guilty pleas, previous criminal history, and the need for both deterrence and opportunity for rehabilitation, an aggregate sentence reflecting total criminality of 3 years 6 months imprisonment (with non-parole period of 2 years 3 months), commencing 8 January 2017, is appropriate under s 53A Crimes (Sentencing Procedure) Act 1986 and guided by principles of general deterrence, denunciation, and proportionality.

Parties
Prosecutor: Crown; Offender: Nicholas Murray Read
Jurisdiction
Australia
Judgment Date
10 September 2018
Procedural Posture
Criminal / Sentencing
Legal Topics
Reckless Wounding, Intent to Pervert the Course of Justice, Sentencing, Discount for Guilty Plea, Aggregate Sentencing, Rehabilitation, Drug Addiction
Criminal Law Reckless Wounding Intent to Pervert the Course of Justice Sentencing Discount for Guilty Plea Aggregate Sentencing Rehabilitation Drug Addiction

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Parties

Crown

Prosecutor

Nicholas Murray Read

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for reckless wounding
  2. 2 Appropriate sentence for acts intended to pervert the course of justice
  3. 3 Effect of guilty plea on sentencing

Ratio Decidendi

Given the offender's course of conduct involving drug-fueled violence and attempts to pervert justice, with early guilty pleas, previous criminal history, and the need for both deterrence and opportunity for rehabilitation, an aggregate sentence reflecting total criminality of 3 years 6 months imprisonment (with non-parole period of 2 years 3 months), commencing 8 January 2017, is appropriate under s 53A Crimes (Sentencing Procedure) Act 1986 and guided by principles of general deterrence, denunciation, and proportionality.