NSWCCA 131
(1y 2d PSC)
2 years PD
|significant||Acquitted of manslaughter - Followed and punched Complainant after C refused to give cigarette – Skull and brain damage after falling upon concrete ground – Kicked by co-offender – C subsequently died|
 NSWCCA 196
|AOABH||PG||18m PD||AD||Driving, resist arrest||During argument with daughter punched her 5-6 times in face, pushed her to ground and kicked in stomach – C fell on protruding screw causing bleeding to head – Under influence of alcohol.|
(1999) 108 A Crim R 336
2y 6m GBB
|Assault - no previous custody.||Slapped female at party causing bruised lip.|
 NSWCCA 336
|Lengthy - drugs, property, violence - previous custody.||With co-accused went to Complainants' house to collect debt from C's girlfriend – Attacked C with piece of wood and kicked to head and body while on floor.|
 NSWCCA 353
|Larceny and possess prohibited drug|
Savage assault on male acquaintance outside hotel – Punched and kicked complainant on ground - Spontaneous response to perceived homosexual advance
Provided most evidence for offence – On bail for 2y without re-offending – Relative youth
 NSWCCA 379
|AOABH||VG||9m PD (cumulative on existing sentence)||AD||Violence. Previous custody.|
Punched spouse in eye and pushed against wall – Caused bruising to cheek, eye and back
Breached bail and AVO.
 NSWCCA 378
|AOABH||PG||FT 12m||AD||BES, fraud|
With group of co-offenders approached Complainant and friend calling them "faggots" – C punched and fell to ground – Suffered bleeding requiring stitches and broken ankle.
Aboriginality – Deprived background.
 NSWCCA 47
|AOABH||PG||FT 12m||AD||Drugs, AR, BES. |
Approached female (39 weeks pregnant) grabbing handbag – Complainant fell to ground suffering abrasions to shoulder and arm.
Drugs – Rehabilitation.
 NSWCCA 46
|3 x AOABH||VG|
|Conviction AD|| ||Assaulted ex-girlfriend on three occasions – Punched twice and struck with baseball bat on third occasions – Domestic disputes – Serious bruising.|
 NSWCCA 262
(5% too low)
|Violence, property. Previous custody.||Punched de facto wife in face during argument as she was driving car – Caused bruised eye and cheek.|
 NSWCCA 453
|Driving, drugs, fraud||Assaulted female during domestic type argument – Swelling and bruising to face and neck.|
 NSWCCA 177
|Nil||Punched and hit de facto following argument – Uncharacteristic – Under influence alcohol.|
 NSWCCA 180
NPP 9m 13d
|Lengthy record but no full time custody|
Entered caravan of neighbour in early hours of morning – Head butted male and poured beer on male and female – Serious offence
Sentence manifestly excessive
(2005) 152 A Crim R 405
NPP 6m -Parole cond not to consume alcohol
AA in part
Remove cond against alcohol
|Lengthy, including prison|
Alcoholic Aboriginal woman stabbed friend during drinking session – no recollection of event – no intention to harm – breached parole by driving unlicensed and MRPCA –attended D&A camp – didn't get on with parole officer
Poor health, including heart disease and kidney malfunction
 NSWCCA 167
Struck male stranger in head at public toilet – angered by perceived sexual advance
Failure to consider matter could have been dealt with in Local Court
 NSWCCA 187
Slapped de facto wife on face – acquitted of more serious sexual offences
Delay – No error in judge ensuring treatment for psychological and emotional problems continue
 NSWCCA 19
NPP 2y 3m
|AD||Extensive record – breached bail for assaults on same victim|
Struck de facto wife while walking home intoxicated – punched and kicked on ground dislodging front teeth – reacted to provocative comment
Aboriginal with low intelligence and disadvantaged background – substance abuse
 NSWCCA 64
(served 4m ISO)
|Record including violence|
Punched complainant in nightclub – convicted of AOABH in company at trial for recklessly inflict GBH in company – offence reduced to AOABH on appeal
Unidentified bodily harm – isolated offence - good character
 NSWCCA 152
2 x AOABH
NPP 1y 4m
|AD||Offensive conduct, assault, ABH. On bond.|
Living with B and V's young child – dragged V from bed causing C to fall and hit jaw on bed causing bleeding to lip and bruising – hit V to side of head near V's eye causing injury.
Breach of bond and AVO imposed only few months earlier in regard to same V.
 NSWCCA 171
Single punch to V (stranger) outside nightclub – no explanation as to why incident occurred – A was drunk at time and offence out of character – could not recall incident.
Employed – remorse - rehabilitation
 NSWCCA 187
|AD||Assault||A and V were inmates in goal working in laundry - V saw A spraying some cigarette butts with Mortein and putting dirty underwear in the M's locker, another inmate - V confronted A - in response A hit V on back of head – as V turned around, A punched V's eye - A holding a sharp object which perforated V's eye - V taken to hospital where eye removed.|
 NSWSC 627
|Lengthy record – including violence||Assault|
Punched and kicked male in domestic fight – motivated by protection of girlfriend and children – victim vulnerable due to ill health – criminality high – initially lied to police blaming girlfriend
Poor prospects of rehabilitation.
Serious example of offence.
 NSWCCA 241
1y NPP 1m
NPP 1y 3m
|Assault, Agg enter dwelling house, larceny, B&E, affray, resist police, stalking, robbery in company , AOABH|
Assaulted fellow prison inmate - offence committed in company of four other prisoners – after V assaulted by others, A approached V from behind, pulled V to ground and stomped on V's head - vicious, unprovoked and cowardly attack.
CCA: Appeal allowed on basis sentence imposed by SJ was entirely concurrent with sentence for unrelated offences.
 NSWCCA 313
|AD||Common assault, larceny, damage property, driving offences.||Punched V (male aged 53) to face at hotel – knew V as previous football coach – held a grudge against V - opportunistic and only minimally premeditated – A calmly and deliberately carried out crime – unprovoked – A of large build, much heavier and younger than V.|