R v McKay [2019] NSWDC 294

R v McKay [2019] NSWDC 294

Aggregate term of 8 years 6 months imposed, with a non-parole period of 4 years 6 months, reflecting the offending's objective seriousness, offender's mental illness exacerbated by drug use, her prior history, and partial mitigation for special circumstances. Standard non-parole period and general deterrence given weight but compromised marginally by mental health; specific deterrence and protection of community prioritized; pleas of guilty granted utilitarian discount (15%).

Parties
Prosecutor: Regina (Crown); Offender: Shakarma McKay; Prosecutor: Director of Public Prosecutions (NSW); Offender Representative: Ruth Chalmers Lawyers
Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence
Legal Topics
Wounding With Intent, Pervert the Course of Justice, Sentencing, Mental Health, Aggravating and Mitigating Factors
Criminal Law Wounding With Intent Pervert the Course of Justice Sentencing Mental Health Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina (Crown)

Prosecutor

Shakarma McKay

Offender

Director of Public Prosecutions (NSW)

Prosecutor

Ruth Chalmers Lawyers

Offender Representative

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for wounding with intent to cause grievous bodily harm
  2. 2 Appropriate sentence for act with intent to pervert course of justice
  3. 3 Consideration of mental illness and drug ingestion as mitigating factors

Ratio Decidendi

Aggregate term of 8 years 6 months imposed, with a non-parole period of 4 years 6 months, reflecting the offending's objective seriousness, offender's mental illness exacerbated by drug use, her prior history, and partial mitigation for special circumstances. Standard non-parole period and general deterrence given weight but compromised marginally by mental health; specific deterrence and protection of community prioritized; pleas of guilty granted utilitarian discount (15%).

Court Disposition

conviction and sentence

Orders

  • Conviction entered for wounding with intent to cause grievous bodily harm, sentence of 8 years imprisonment with non-parole period of 4 years 6 months.
  • Conviction entered for act intending to pervert the course of justice, sentence of 4 years 6 months imprisonment.