In 2021 our client was sentenced to 6 years imprisonment for several offences, including a charge of reckless wounding. 3 years later, on 20 April 2025 our client was released on parole. One of his parole conditions was that he be of good behaviour.

However, after his release from gaol, our clients mental health deteriorated. He had difficulty re-integrating back into the community because of his historical institutionalation, had problems sleeping and eventually turned back to heavy drug use.

On 15 May 2025, less than a month after his release on parole, our client was at his partner’s home when an argument broke out between him and a random landscaper working on the home next door. As the argument escalated, our client armed himself with a 30cm knife and small metal pole before attacking the man. The man was struck in the head and shoulder, causing two large wounds.

Our client was eventually arrested and charged with an offence of reckless wounding, contrary to section 35(4) of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 7 years’ imprisonment and a standard non-parole period of 3 years.

Our client’s parole for the original 2021 sentence was also revoked, and he was required to serve the remaining 2 years and 6 months of his original sentence. That sentence is due to expire on 15 December 2027.

After proceeding through the Local Court committal process and negotiating with the ODPP about the agreed facts, our client eventually pleaded guilty to the charge and the matter was committed to the Newcastle District Court for sentence.

On 20 October 2026, during the sentence proceedings, the Crown argued that the offence fell in the upper end of the mid-range of seriousness and argued that there should be significant accumulation of the sentence because he committed the offence while only just released on parole.

Our Sydney criminal lawyer prepared detailed submissions as well as tendered expert psychological evidence addressing our client’s very difficult upbringing, his historical mental health and his time in custody. Our Sydney criminal lawyer submitted that the offence fell on the lower end of seriousness, and also argued that our client’s sentence should be backdated to commence in 2025.

The same day the District Court Judge sentenced our client to a total term of 3 years and 6 months, with a non-parole period of 1 year and 3 months. Importantly, despite the Judge having complete discretion as to when he should commence the sentence, the Judge agreed with our submissions and backdated our client’s sentence to commence on 15 November 2025, 6 months after he committed the offence.

Because the Judge made the majority of our client’s sentence concurrent with the remaining term of his 2021 sentence, our client will be considered for release on 15 February 2027.