Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5:

1. The offender is to be sentenced with respect to one offence following a trial in which the offender was found guilty.

2. The offence for which the offender is to be sentenced is as follows:

Count 1 - Causing grievous bodily harm to a person and being reckless as to causing actual bodily harm to a person contrary to s 35(2) of the Crimes Act 1900.

This offence carries a maximum penalty of 10 years imprisonment with a standard non parole period of 4 years.

3. The maximum penalty for this offence acts as a sentencing guidepost of reference point. Section 54A(1) of the Crime (Sentencing Procedure) Act 1999 (CSPA), provides that the standard non parole period is that which is included in the table of provisions. Section 54A(2) provides that the standard non-parole period represents the non-parole period for an offence that falls within the middle range of objective seriousness taking into account only the objective factors affecting the relative seriousness of the offence. Section 54B(2) provides that the standard non-parole period is a matter to be taken into account when determining an appropriate sentence without limiting the matters that are otherwise required or permitted to be taken into account. The fixing of a non-parole period is only one aspect of the task when determining what is an appropriate sentence.

4. Admitted on behalf of the Crown were the following:

1) Exhibit C1: Indictment

2) Exhibit C2: Summary of evidence at trial consistent with the verdict of the jury

3) Exhibit C3: Criminal history

4) Exhibit C4: Custodial history

5) Exhibit C5: Letter from the Victim's Disability Support Coordinator

6) Exhibit C6: Victim Impact Statement of Trae Mason dated 28 January 2025

5. Admitted on behalf of the Offender were the following:

1) Exhibit O1: Apology Letter

2) Exhibit O2: Forensic report

3) Exhibit O3: Affidavit of Camille Grassi, mother of the Offender

4) Exhibit O4: Reference Aaron Moore

5) Exhibit O5: Letters from the Glen

6) Exhibit O6: Medical material relating to Trae Mason

7) Exhibit O7: Letter from Mark Windon OAM

8) Exhibit O8: Letter from Steve Frost

9) Exhibit O9: Letter from Todd Clarke.

Findings of fact

6. In making relevant findings of fact for the purposes of sentencing I must not take facts into account in a way that is adverse to the interests of the offender unless those facts have been established beyond reasonable doubt. However, to the extent that facts in favour of the accused are to be taken into account on sentencing it is sufficient if those circumstances are proved on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at 281 at [27]; R v Storey [1998] 1 VR 359 at 369.

7. The Crown prepared a summary of facts from evidence at trial. The offender takes issue with the facts as summarised. My findings of fact for the purposes of passing sentence are as follows, consistent with the guilty verdict.

8. The offence was committed on 8 June 2022. The victim attended the Matraville Hotel (the hotel) with a group of friends (Baylun Williams-Pinkie, Alexander Reed, Jake Anthony and Reece Buchman) after watching the State of Origin rugby league match. At 11:24pm, the offender was captured on CCTV footage, admitted in trial, entering the hotel.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a3fff24eab6ad45b5b7b0)

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