June 23, 2017

Cause grievous bodily harm with intent: Police v RXC

Cause grievous bodily harm with intent, Section 33(1)(b) Crimes Act 1900 – Special circumstances – transgender – imprisonment

Facts:

RXC was charged with causing grievous bodily harm with intent. RXC previously had an AVO placed against her by the victim for stalking and intimidating, and also had a history of contravening the court order against her prior to the incident. It was alleged that RXC and the victim was involved in an argument. There was a physical altercation which prompted the victim to call police. Whilst on the phone to emergency services, RXC obtained a kitchen knife and proceeded to stab the victim at least 7 times. RXC fled the scene when two flatmates responded to the victim’s screams.

Police arrested RXC and took him to Blacktown Police Station. Bail was refused. RXC pleaded guilty in the local court and the latter was committed for referral in the District Court. The offence of grievous bodily harm with intent came with a non-parole period of 7 years imprisonment.

Outcome:

The defence lawyers submitted RXC was remorseful of her actions and that time in prison would be harsher on her as her transgender status would require special kinds of assistance. The defence also submitted that injuries inflicted fell slightly below the mid range margin which would result in her being sentenced accordingly. A number of detailed submissions were made regarding the offence and subjective matters as to the relationship between the offender and the victim and RXC’s own circumstances.

RXC was sentenced to a period of imprisonment of 6 years with a non-parole period of 3 years.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961