R v Swan [2018] NSWDC 404

R v Swan [2018] NSWDC 404

The offender is sentenced to imprisonment for reckless wounding, taking into account his guilty plea, history of violence, subjective hardship, and the related Form 1 offence of resisting police. Finding of special circumstances made to allow for extended supervision on parole, with the principle of totality applied to consider overall time in custody.

Parties
Prosecutor: The Crown; Offender: Joshua Alan Swan
Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
sentence of imprisonment
Legal Topics
Sentence, Reckless Wounding, Resisting Officer in Execution of Duty, Form 1 Offences
Criminal Law Sentence Reckless Wounding Resisting Officer in Execution of Duty Form 1 Offences

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Parties

The Crown

Prosecutor

Joshua Alan Swan

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for reckless wounding
  2. 2 Consideration of Form 1 offence of resisting officer in execution of duty
  3. 3 Personal deterrence for offender with history of violence

Ratio Decidendi

The offender is sentenced to imprisonment for reckless wounding, taking into account his guilty plea, history of violence, subjective hardship, and the related Form 1 offence of resisting police. Finding of special circumstances made to allow for extended supervision on parole, with the principle of totality applied to consider overall time in custody.

Court Disposition

sentence of imprisonment

Orders

  • Head sentence of three and a half years imprisonment to commence from 7 April 2018.
  • Non-parole period of one year and nine months to expire on 6 January 2020.