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District Court 26 June 2020

R v Weeks

[2020] NSWDC 592

Assault & violence
CRIME ATTACK WAS UNPROVOKED, UNCALLED FOR AND UNJUSTIFIED OFFENDER MOTHER OF 3 CHILDREN.

Citation: R v Weeks [2020] NSWDC 592
Court: District Court of New South Wales
Date: 26 June 2020
Judge(s): Neilson DCJ

Background

The offender, a 33-year-old woman and mother of three, pleaded guilty to wounding the victim with intent to cause grievous bodily harm, contrary to s 33(1)(a) of the Crimes Act 1900. The offence occurred in the early hours of 5 May 2019 outside a hotel in Cessnock, New South Wales. The offender and the victim were strangers to each other.

The incident began inside the hotel after someone spilled a drink on the offender's boyfriend's shoes. Security escorted the offender and her boyfriend outside. Despite being removed from the premises, the offender made explicit threats to harm the victim to a hotel security officer, produced a small knife from her brassiere, and then returned to the hotel approximately 12 minutes after being driven away.

When the victim walked out of the hotel at 1.16am, the offender ran at her with the knife visible and stabbed her multiple times. The victim sustained seven lacerations: two to the face, one to the right ear and neck (nearly severing the earlobe), and four to the upper back and left shoulder. All wounds required suturing, including repair by a faciomaxillary surgeon. The offender fled the scene in her boyfriend's car and was arrested four days later.

  • What sentence was appropriate for an offence of wounding with intent to cause grievous bodily harm, having regard to the objective seriousness of the offending?
  • What weight should be given to the offender's guilty plea and its utilitarian value?
  • How should the offender's lengthy history of violent offending, combined with the absence of any prior fulltime custodial sentence, be treated in sentencing?
  • Whether special circumstances existed justifying a departure from the statutory non-parole period ratio, given the offender's personal circumstances and need for rehabilitation.

Decision

Neilson DCJ characterised the offending as serious and entirely unprovoked. The judge noted the offender had premeditated the attack, having armed herself with a knife, made explicit threats, left the scene, and then deliberately returned to carry out the assault. The judge observed that the intent admitted by the offender was sufficient to ground a charge of murder had the victim died, which underscored the gravity of the conduct.

The court assessed the objective seriousness of the offence as below mid-range but not significantly so. Although the wounds were not deep and did not penetrate deep musculoligamentous or bony structures, they caused scarring and disfigurement, and the victim required specialist surgical care. The court found the attack was wholly unjustified.

In mitigation, the court accepted the offender's guilty plea and afforded a 25 percent discount for its utilitarian value. The offender's prospects of rehabilitation were assessed as good, provided she remained committed to addressing her circumstances. The court took into account her role as the mother of three children (then aged 15, 11, and 3), her remorse expressed to family members shortly after the offence, and her compliance in presenting herself to police. Her lengthy history of violent offending, though notable, was weighed against the fact that she had never previously served a fulltime custodial sentence.

Neilson DCJ found special circumstances justifying a longer than usual balance of sentence to allow for adequate supervision on parole. Accordingly, the non-parole period was reduced from the statutory proportion of four and a half years to three and a half years.

Orders Made

  • The offender was convicted of wounding Katie Cook with intent to cause grievous bodily harm on 5 May 2019 at Cessnock.
  • Total sentence of six years imprisonment imposed, comprising:
  • Non-parole period of three and a half years, commencing 9 May 2019 and expiring 8 November 2022.
  • Balance of sentence of two and a half years, commencing 9 November 2022 and expiring 8 May 2025.
  • Special circumstances found; the offender is eligible for consideration for release on parole at the expiration of the non-parole period.

Key Takeaways

  • The District Court confirmed that a deliberate return to the scene of a threatened attack, combined with concealed pre-arming with a weapon, can strongly indicate premeditation and elevate the seriousness of an assault even where the wounds are not deep.
  • A 25 percent sentencing discount applied where a guilty plea was entered, reflecting its utilitarian value to the administration of justice.
  • An offender's lengthy history of violent offending does not automatically result in a heavier sentence at the upper end of the range; the absence of any prior fulltime custodial experience remained a relevant consideration in the overall sentencing exercise.
  • Special circumstances can be established by reference to the offender's rehabilitation needs and the importance of adequate supervision upon release, justifying a departure from the standard non-parole period ratio.
  • The inevitable distress caused to an offender's children by her incarceration, while acknowledged as a factor, did not override the sentencing outcome where the separation was a direct consequence of the offender's own conduct.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 33(1)(a) (wounding with intent to cause grievous bodily harm; maximum penalty 25 years imprisonment; standard non-parole period of 7 years)

Cases:
- Matzick v R [2007] NSWCCA 92