Attempted Murder Charges, Penalties and the Law in NSW

Poppy Morandin and Jimmy Singh.

 

A 47-year-old landlord may lose her leg after her 27-year-old former tenant allegedly run it over numerous times.

Harley Warren Mobbs has been charged with attempted murder over the alleged confrontation with the woman, in April.

Mr Mobbs applied for bail in the Caboolture Magistrates Court, appearing via video link from custody.

The prosecutor strongly opposed bail, stating that Mr Mobbs had deliberately driven towards the woman.

Police will allege that Mr Mobbs drove through the gate of a Namatjia Court address in a white Nissan Patrol on April 17 and began doing burnouts in the backyard.

The court heard that Mobbs had been living in a shed at the address but had been evicted by the alleged victim.

When confronted by the homeowner, Mr Mobbs allegedly ran over her repeatedly.

The woman suffered significant injuries to her left leg and foot, with witnesses describing her foot as “minced”.

Reportedly, she has already lost half her foot and now may lose her entire leg.

She is currently still in hospital.

Images of the scene posted show car burnout tracks leading to bloody clothing.

The alleged attack was only brought to a halt after when another woman reversed a vehicle into his car, causing it to roll.

“The man then climbed out through the window of the heavily damaged Patrol and fled the scene on foot,” police said in a statement.

After attempting to flee to a nearby property, when police apprehended Mobbs, he is reported to have informed them he was high on ice.

Whilst Mobbs’ lawyer told the court that he could seek assistance with his drug addiction if released on bail while working, Magistrate James Blanch refused bail.

The ‘ice’ inquiry found that Australia has the highest rate of amphetamine dependence in the world and the highest rate of all-cause deaths associated with amphetamine dependence.

Of the 19,504 people who entered custody in 2018, almost one-third (31%) self-reported methamphetamine use in the four weeks prior to incarceration, and more than half of those inmates reported using methamphetamines daily or on most days.

Approximately 8,000 people enter custody each year in active withdrawal from methamphetamine.

Attempted Murder Charges, Penalties and the Law in NSW

Pursuant to section 27 of the Crimes Act 1900 (NSW), it is an offence carrying up to 25-years imprisonment for attempting to murder someone in any of the ways outlined in sections 27 – 30 of the Crimes Act.

This includes, administering to, or causing to be taken by, any person any poison, or other destructive thing, or by any means, wounds or causes grievous bodily harm to any person, with the intention to commit murder.

These offences also carry what the law refers to as a standard non-parole period. In this case, it carries a 10-years standard non-parole period.

Factors that will be taken into account during sentencing will include the determination and skill of the attempt, the motive, extent of premeditation, likelihood of causing death and injury inflicted (R v Rae [2001] NSWCCA 545).

Grievous bodily harm is any ‘really serious injury’ (Kbayli [2017] NSWDC 197) and includes any permanent or serious disfiguring of the person, the destruction (other than during a medical procedure or lawful abortion) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and any serious disease pursuant to section 4(1) of the Crimes Act 1900 (NSW).

Wounding encompasses an infliction of an injury which breaks the continuity of the skin and requires the cutting of the interior layer of the skin (dermis) (R v Shepherd [2003] NSWCCA 351).

Other forms of offending that may be prosecuted as attempted murder, including attempting to drown or suffocate a person with intent to commit murder (section 29), and destroying or damaging any building with intent to commit murder (section 28).

A person’s intention may be inferred from the circumstances and from the conduct of the accused person before, at the time of, or after they did the specific act.

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