DPP v Smith [2017] VCC 423

Sentence summary: Intentionally causing injury

The offender had left a nightclub and encountered the victim and his friend, who were unknown to him, standing by the side of the road. With no provocation, the offender punched the victim in the jaw, breaking it in several places. The offender pleaded guilty to intentionally causing injury. The judge acknowledged mitigating factors in sentencing included an early guilty plea and his lengthy period on remand, in what was essentially a lockdown situation, for other matters.

However, the judge found the offending was a serious example of intentionally causing injury. It was cowardly and gratuitous violence that left the victim requiring surgery. The offender’s long battle with alcohol and drugs was not relevant to the case. He also had concerning prior convictions, including one for the gratuitous attacking of another person, which suggested public protection must play a part in sentencing.

The offender was sentenced to 27 months’ imprisonment with a non-parole period of 18 months.

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Page last updated: 30 August 2018