R v Pankhurst [2012] NSWDC 165

R v Pankhurst [2012] NSWDC 165

The effective sentence is based on the seriousness of the offences, the offender's participation in a joint criminal enterprise, the offender's subjective circumstances, remorse after the incident, and cooperation. A sentencing discount of fifteen percent is granted for the guilty plea, and the sentences for both offences are accumulated, resulting in an effective period of imprisonment of two years and eleven months with an effective non-parole period of seventeen months.

Jurisdiction
Australia
Judgment Date
16 February 2012
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
['sentence' 'wounding With Intent' 'grievous Bodily Harm' 'joint Criminal Enterprise']
['criminal Law'] ['sentence' 'wounding With Intent' 'grievous Bodily Harm' 'joint Criminal Enterprise']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentencing for wounding with intent under Crimes Act 1900 (NSW) s 33(1)(a)' 'Appropriate sentencing for recklessly causing grievous bodily harm in company under Crimes Act 1900 (NSW) s 35' 'Assessment of joint criminal enterprise' 'Evaluation of subjective matters for sentencing' 'Determination of sentencing discounts for guilty plea and cooperation']

Ratio Decidendi

The effective sentence is based on the seriousness of the offences, the offender's participation in a joint criminal enterprise, the offender's subjective circumstances, remorse after the incident, and cooperation. A sentencing discount of fifteen percent is granted for the guilty plea, and the sentences for both offences are accumulated, resulting in an effective period of imprisonment of two years and eleven months with an effective non-parole period of seventeen months.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Effective sentence of imprisonment for two years and eleven months with an effective non-parole period of seventeen months.' 'Non-parole period from 15 February 2012 to 14 July 2013.' 'Balance of term expires 14 November 2013 for s 35 offence.' 'Sentence for s 33(1)(a) offence commences 15 July 2012 and expires 14...