R v Ross (No. 5) [2020] NSWDC 306

R v Ross (No. 5) [2020] NSWDC 306

The offender is sentenced to a term of imprisonment reflecting mid-range objective seriousness of the offence, his greater level of participation in planning and execution, and aggravating factors including the offence committed while on conditional liberty, with a 5% discount for facilitating the administration of justice via judge-alone trial during the COVID-19 Pandemic; the parity principle is applied but justified disparity from co-offender due to more extensive involvement.

Jurisdiction
Australia
Judgment Date
12 June 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'assault Occasioning Actual Bodily Harm in Company' 'joint Criminal Enterprise' 'parity Principle' 'trial by Judge Alone' 'covid 19 Pandemic']
['criminal Law'] ['sentencing' 'assault Occasioning Actual Bodily Harm in Company' 'joint Criminal Enterprise' 'parity Principle' 'trial by Judge Alone' 'covid 19 Pandemic']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Determination of sentence for assault occasioning actual bodily harm in company' 'Assessment of liability and culpability under joint criminal enterprise principles' 'Application of parity principle where co-offender sentenced by another judge' 'Consideration of facilitation of administration of justice through election for trial by judge alone during COVID-19 Pandemic']

Ratio Decidendi

The offender is sentenced to a term of imprisonment reflecting mid-range objective seriousness of the offence, his greater level of participation in planning and execution, and aggravating factors including the offence committed while on conditional liberty, with a 5% discount for facilitating the administration of justice via judge-alone trial during the COVID-19 Pandemic; the parity principle is applied but justified disparity from co-offender due to more extensive involvement.

Court Disposition

convicted and sentenced

Orders

  • ['The offender is convicted of assault occasioning actual bodily harm in company contrary to s 59(2) of the Crimes Act 1900 (NSW).' 'The offender is sentenced to a term of imprisonment of 3 years and 2 months, commencing 15 February 2020 and expiring 14 April 2023, with a non-parole period of 1 year and 10 months...