Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 16:

1. The State of New South Wales has filed a Summons whereby it seeks an extended supervision order for 12 months under the Crimes (High Risk Offenders) Act 2006 (NSW) in respect of Mr David Hona.

2. This is the preliminary hearing of the application. The State asks the Court to make orders appointing psychiatrists and/or psychologists to examine the defendant and provide reports; to require him to comply with an interim supervision order pending a final hearing of the application; and that there be an ancillary order in relation to the court's file.

Background

3. The defendant is currently subject to an 18-month extended supervision order made by Button J which took effect on 27 July 2021. That ESO has been suspended several times while the defendant spent time in custody for ESO breaches and violent reoffending. It is now due to expire on 4 February 2025.

4. The defendant is 30 years old and has a history of criminal offending, dating from his juvenile years. He committed what qualifies under the Act as a "serious violence offence" on 14 December 2013 when he was just short of his 20th birthday. The victim was a stranger. [1]

5. After having been ejected from a hotel and being affected by alcohol and drugs, without provocation he assaulted the victim at a bus shelter by striking him to the face with his elbow causing the man to fall backwards. The defendant swung another blow as the man fell, landing heavily on the footpath. As he lay unconscious the defendant stomped forcefully on his chest and then walked off.

6. The victim sustained a severe head injury: a fracture to the occipital bone at the base of the skull and an extensive and acute subdural haematoma. Immediate surgery was required to relieve pressure on the brain and save his life. He remained in intensive care in an induced coma for over a week and required further surgery. Medical opinion was that the injury was "severe" and "without surgery and intensive medical management in the intensive care unit it would have been fatal".

7. Recovery and rehabilitation were slow. By the time of sentencing in October 2014 the victim required further surgery to correct the depression in his skull at the site of a craniotomy and his neurosurgeon noted there would be some level of permanent cognitive decline and that the victim would be affected by the injury for the rest of his life.

8. The defendant had a history of less serious violence. He has engaged in impulsive, reactive violence, as well as violence involving weapons, including both makeshift and concealed knives. The defendant has often been under the influence of drugs or alcohol during the commission of his violent offending and has a significant history of substance abuse.

9. Following the imposition of the ESO which commenced on 27 July 2021, the defendant has been convicted of further offences including failures to comply with the order, primarily for drug use, and an assault occasioning actual bodily harm against his then girlfriend. This assault occurred on 10 October 2021, less than three months after the ESO was made. It involved him using his foot to stomp on her head causing a fracture to her left orbital bone and serious bruising to her eye. The entirety of the left side of the victim's face had a bruise approximately 15-20cm in length, there was swelling to the cheek and a small cut on the tip of her nose. The defendant was sentenced to imprisonment for 2 years with a non-parole period of 12 months commencing on 9 March 2022.

10. The defendant had been in custody in respect of other matters from 10 October 2021. He was released on parole on 8 March 2023. He returned to custody on 21 April 2023 after being charged with a further offence of failing to comply with his ESO, intimidating a police officer in execution of duty and possessing a prohibited drug. On appeal on 13 July 2023, he was sentenced to an aggregate term of imprisonment of 9 months commencing on 21 April 2023 and expiring on 20 January 2024, with a non-parole period of 5 months concluding 20 September 2023.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193cda11be0ed60918427519)

Disclaimer: Curated by HT Syndication.