Legal Research > Sentencing Tables

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Wounding - s33 - Malicious Wounding / Maliciously Inflict GBH with Intent to Cause GBH 

s. 33 - Maximum penalty 25 years imprisonment  

Standard non-parole period (offences committed on or after 1.2.2003) – 7 years imprisonment  

Name

Offence 

Plea

Sentence

Appeal

Weapon

Record

Summary

Dickinson
(25)

[2004] NSWCCA 457

 

[2005] NSWCCA 284

Mal wound / GBH

PG

2y
NPP 1y
Suspended

Crown AA
FT 2y 2m PD

 

AD

Knife

Nil

SNPP 7y
Angered by daughter being left alone with ex-partner’s new boyfriend - attacked with carving knife – serious injuries

Invalid pensioner due to diabetes and a condition causing vomiting – suffered PTSD due to sexual abuse as a child – very protective of daughter as a result – remorseful

LNT
(17)

[2005] NSWCCA 307

Mal wound / GBH

PG

7y 6m
NPP 5y

AA
7y
NPP 4y

Knife

Nil

SNPP 7y
Female attacked 15y female on street with two friends – Stabbed and cut with knife – lacerations to face, breast and scalp – required stitches.

Slightly in excess of mid-range.

Mother of young child – Drug abuse and youth.

Special circumstances - rehabilitation

Reid

(2005) 155 A Crim R 428

Mal wound / GBH

PG

6y 9m
NPP 4y 8m

AD

Knife

 

SNPP 7y
Attacked ex-de facto in own home – no provocation – Slashed face with knife and cut thumb. Victim sustained a laceration to left side of face. wound extended into nasal cavity, both lips and to chin. Required surgery.

Chisari
(27)

[2006] NSWCCA 19

GBH / GBH

VG

2y 8m
NPP 14m

Crown AA
5y
NPP 2y 6m

Car

Minor

SNPP 7y
During argument over parked car deliberately drove at and struck police officer with front of car – accelerated and drove off.

Uncharacteristic aberration.

V suffered pain in right side and right wrist, and fractured right arm - period of extreme pain over several months - difficulty sleeping - surgery and physiotherapy - financial stress due to being unable to work – loss of general fitness - wrist would never return entirely to normal -V would always have stiffness, weakness, or discomfort.

Below mid-range: [32], [35].

Heron

[2006] NSWCCA 215

GBH / GBH

VG

7y 6m
NPP 5y 6m

 

AA
7y
NPP 4y

Glass

AOABH, assault

SNPP 7y
Dispute at hotel party between regarding A’s behaviour towards victim’s son during football match – struggle resulted in glass being struck against victim’s face.

V suffered gaping wound to face and under throat. Required a large number of stitches – no long-term effects.

Below mid-range: [54] – spontaneous attack.

Professional rugby league player – qualified and committed youth worker widely respected in Aboriginal and wider community – good character.

Proper allowance for special circumstances.

Mackey
(26)

[2006] NSWCCA 254

Mal wound / GBH

VG

10y 8m
NPP 8y

AD

Glass

Manslaughter x3-breached parole

SNPP 7y
Confrontation in hotel after accidental bumping – struck victim in face with glass – severe lacerations 40 stitches to cheek, left eyebrow and left eyelid – unprovoked – spontaneous.

V left with residual scarring described as “substantial and prominent.”

Slightly above mid-range: [28].

JPW
(15)

[2006] NSWCCA 294

Mal inflict GBH w/I prevent apprehension

VG

GBB 3y

Crown AD

Kicking

 

SNPP 7y
Friend caught shoplifting – Applicant kicked security guard in head to prevent friend being apprehended.

Victim suffered severe facial and cranial injuries resulting in serious post traumatic disorders and substantial disabilities.

Not premeditated. Below mid-range: [18]

Ghazi

[2006] NSWCCA 320

Mal wound / GBH

PG

10y 6m
NPP 6y

AA
9y 7m
NPP 5y

Knife

Priors – less serious

SNPP 7y
Fight in gym – unprovoked stabbing of male stranger – 7 stab wounds – V suffered stab wound to liver - hospitalised for 10 days - required two operations – good prognosis for recovery.

Upper mid range.

steroid and anger problem

Walker

[2006] NSWCCA 347

Attempt Mal wound / GBH

PG

3y
NPP 18m

AD

Knife

Nil

SNPP 7y
Attacked wife after breakdown of marriage – no actual wounding.

Good character.

Jenkins
(19)

[2006] NSWCCA 412

GBH / GBH

VG

5y
NPP 2y 6m

Crown AD –

Glass

Nil

SNPP 7y
Female applicant – pushed glass into right eye of complainant during confrontation in night club – aggravating factors: no provocation, use of weapon, extent of injury. Victim had 3 operations to eye to try to prevent retinal detachment. Significant chance victim might require removal of eye itself. Risk of sympathetic injury to left eye occurring in future. Also suffered facial scarring. Unlikely to be able to continue as a serving police officer.

Somewhat below mid-range. Sentence was lenient but within range. Difficult childhood – depression - remorse

Pillay
(22)

(2006) 167 A Crim R 312

Mal wound / GBH

VG

9y 4m
NPP 7y

AA
8y
NPP 5y 6m

Knife

Nil relevant

SNPP 7y
Attacked paraplegic flatmate – threat to kill – forced to write suicide note – choked – cut hand with carving knife. Majority of tendons in wrist were cut or damaged. The laceration had gone through skin, tendons and artery - desisted and assisted victim – build up of tension.

V suffered permanent injury to dominant hand – scarring to wrist. Mid-range offence. Aggravating factor: premeditation

Vragovic
(69)

[2007] NSWCCA 46

GBH / GBH

VG

12y NPP 8y (partially accumulative on sentence being served for similar offence)

AD

Exhaust pipe and shortened firearm

Maliciously inflict gbh with intent - on bail for same offence different victim at time

SNPP 7y
Attacked upon estranged wife aged 57 years – Broke into victim’s home at night – Beat victim to face and body – fractured ribs, a pneumothorax, fracture to left scapula, lacerations to scalp and head. Victim suffered serious ongoing injuries.

Serving sentence for prior assault on victim’s new partner.

Above mid range: [31]. “Cold calculated and brutal attack upon a helpless woman in her own home.”

Frigiani
(36)

[2007] NSWCCA 81

Mal wound / GBH

PG

9y
NPP 5y 6m

AD

Knife

Assault on wife – breached s.10 bond for that offence with this offence

SNPP 7y
Stabbed estranged wife 6-7 times in chest and back – spontaneous offence – threats to son – V suffered two large wounds and collapsed lung.

Slightly above mid-range

Emotional upheaval – contrition – good prospects of rehabilitation

Matzick
(21)

[2007] NSWCCA 92

Mal wound / GBH

PG

5y 4m
NPP 2y 10m

AD

Knife

Possess proh drug

SNPP 7y
Stabbed shopkeeper (victim)twice in neck during struggle.

Troubled background. On drugs at time. Prospects of rehabilitation guarded.

Jione

[2007] NSWCCA 170

GBH / GBH

PG

8y
NPP 5y

Crown AA
12y
NPP 8y

Assault

Breach AVO, assault

SNPP 7y
Punched victim numerous times on two occasions while drinking at hotel – Victim reduced to vegetative state.

Above mid-range and in category of high seriousness [15]

Deng

[2007] NSWCCA 216

Mal Wound / GBH

PG

3y
NPP 2y
Periodic Detention

Crown AD

Knife

 

SNPP 7y
Stabbed victim three times in chest and once in back – injuries to spleen and punctured lung. Respondent was a refugee from war in Sudan. Had had fractured childhood being taken prisoner by soldiers and separated from family. Supported mother and younger siblings. Victim to marry appellant’s ex-partner and mother of his child. Below mid‑range.

Mitchell
(21)

 

 

Gallagher
(20)

 

(2007) 177 A Crim R 94

GBH / GBH

 

 

 

GBH / GBH

PG

 

 

 

PG

8y
NPP 4y

 

 

5y 2m
NPP 2y 6m

Crown AA
12y
NPP 7y 

 

9y 4m
NPP 5y

Assault

Dangerous driving, Assault, on bond.

 

Nil.

SNPP 7y
M believed he had been sexually assaulted by V when he was 10 years old (fact undetermined at sentence) – Under heavy influence of alcohol and drugs, M and G came across V on street – Viciously attacked V, punching and kicking V to the ground - V suffered serious brain injury and reduced to “vegetative state” – confined to wheelchair.

Kennedy
(17)

(2008) 181 A Crim R 185

GBH / GBH

PG

7y
NPP 4y

AA
6y
NPP 3y

Assault

Breached AVO

SNPP 7y
Unprovoked assault on de facto causing multiple facial fractures – intoxicated – voluntary surrender to police – suffering mental illness affecting culpability.

V suffered severe physical injuries – facial fractures, fractures to her nasal bones, fractures of the mandibles and dental injuries – required surgery. In hospital for 2 weeks.

Lower end of mid-range. Sentencing judge erred in finding in upper level of seriousness. Ought to have taken applicant’s psychological condition into account on objective seriousness. Suffering an incapacitating mental illness at the time [41].

Aboriginal with deprived childhood – suffered physical and sexual abuse

Ferrer
(24)

[2008] NSWCCA 104

Mal wound /GBH

PG

4y
NPP 2y

Crown AD

Scissors

Drugs, dishonesty

SNPP 7y
Believed that friend (victim) had stolen A’s property – During argument stabbed V with scissors – Dispute as to who had produced scissors - No finding by SJ as to whether A or V had produced scissors.

V suffered collapsed lung and required surgery.

Below mid-range – not premeditated, whilst attack savage, R had ended it of ‘own volition’.

Lombard

(2008) 184 A Crim R 565

Mal wound/GBH

PG

3y
NPP 2y Periodic Detention

Crown AD

Knife

 

SNPP 7y
Assaulted by security guard (victim) and other guards after offender insulted victim outside nightclub – Offender went home and obtained knife from kitchen – Returned to nightclub – Stabbed victim in neck.

Discount for guilty plea; further discount for contrition and remorse and a weak Crown case on the element of intent. CCA found no error in identifying a proportional discount for factors other than utilitarian value of the plea.

TJ found no premeditation or planning; removal of knife from the kitchen was spontaneous without malicious intent; offender did not seek out victim for revenge; victim reacted unprofessionally and provocatively with physical aggression in response to verbal insult; offender used knife only after commencement of physical violence and when in fear of further beatings; injuries not “significant.” Unchallenged finding that this was not mid range but low range objective seriousness.

Low mid range.

Moore
(56)

[2006] NSWCCA 143

GBH / GBH

PG

9y
NPP 6y

AD

Poker

Minor

SNPP 7y
During argument struck wife to head with metal poker – element of provocation where wife first struck offender with poker. V suffered fracture to skull and subsequent haemorrhage. Was on life support in an induced coma.

Suffered severe and permanent brain damage - permanent impairment of cognitive, emotional, behavioural and functional nature. Unable to live independently.

Mid-range.

Genuine remorse

Thewlis

[2008] NSWCCA 176

GBH / GBH
Mal wound/GBH

PG

Total:
9y
NPP 5y

AA
Total:
7y
NPP 4y

 

Knife

 

SNPP 7y
Repeatedly stabbed estranged defacto and new partner. Female victim suffered life threatening injuries requiring immediate surgery and leaving permanent scarring.

Immediately sought help from neighbours and called ambulance – stayed until ambulance and police arrived - Immediate post-crime ameliorating conduct entitled appellant to mitigation of sentence but did not affect assessment of objective gravity.

Mid-range.

Fryar
(52)

[2008] NSWCCA 171

Mal wound / GBH

VG

6y 6m
NPP 4y

Crown AA
9y
NPP 6y

Knife

Driving. No offences of violence.

SNPP 7y
Long-standing animosity between Respondent and victim – R approached victim from behind at club - Stabbed victim in back with downward motion causing 20cm wound.

Mid-range.

Speechly
(22)

[2008] NSWCCA 204

Mal wound/GBH

VG

10y 8m
NPP 6y

AA
9y
NPP 6y

Assault

Possess drugs.

SNPP 7y
With co-offender (brother) attacked victim on street at night – punching and when victim fell to the ground kicking even after unconscious– unplanned, relentless assault.

V suffered fracture of lower jaw and right ear was partially torn away requiring reattachment - serious abdominal injuries necessitating amputation of between 40% and 50% of V’s colon, and loss of 20% of blood – unprovoked assault.

Mid-range.

Appeal allowed on parity ground.

Anderson
(26)

[2008] NSWCCA 211

Mal wound / GBH

PG

7y
NPP 3y 9m

AD

Pool cue

Violence

SNPP 7y
Applicant with friends at hotel. One of applicant’s friends approached victim and hit him over head with a pool cue. Applicant then struck victim with pool cue across head – laceration to skull.

Mid-range.

Aboriginal with longstanding substance abuse

Quach

[2008] NSWCCA 284

GBH / GBH

VG

3y
NPP 2y

AD (conviction only)

Foot (single kick)

Nil

SNPP 7y
Appellant playing soccer match – dispute during game – scuffle ensued – victim, who was match linesman, intervened – appellant kicked victim once in face - victim suffered facial injuries including fractured eye socket, nose, broken teeth, fracture of bones above left upper teeth and retinal injuries. Required 3 metal plates.

S K
(35)

[2009] NSWCCA 21

GBH / GBH

PG

12y
NPP 8y

AD

Push into train

Mid range PCA

SNPP 7y
Pushed stranger off train platform under oncoming train – catastrophic injuries – V had asked offender not to spit or cough – intoxicated.

V suffered broken leg and broken neck and a blood clot in the leg - emergency surgery – in and out of hospital for over a year due to complications - mobilises with a rollator frame.

Protective custody

Quin
(20)

[2009] NSWCCA 16

GBH / GBH

VG

5y
NPP 2y 6m

Crown AA
5y 6m
NPP 3y 2m

Assault

Priors including assault – breached conditional liberty

SNPP 7y
Led assault on single male by group of males on street late at night.

V suffered fracture to jaw in two places, fracture to left eye socket and nasal fracture - required to have molar teeth removed and 3 sets of screws inserted with plate in jaw.

Below mid-range: [33].

Dysfunctional background – alcohol abuse and anger management problems – good prospects of rehabilitation

Sproates
(24)

[2009] NSWCCA 29

GBH / GBH

PG

12y
NPP 8y

AD

Shooting

Not extensive

SNPP 7y
Verbal altercation in hotel with V – approached V outside hotel and threatened with gun – fired 3 shots hitting V in stomach – severe injuries - bullet had entered left abdomen, passed through the liver, the stomach and had lodged near the spine in the pancreas. Required major surgery– carrying gun for self protection – intoxicated and under influence of ice.

Upper end of range.

Aboriginal with difficult background – Drug / alcohol abuse – Remorse – Voluntarily surrendered to police – reasonable prospects of rehabilitation

Wright
(21)

[2009] NSWCCA 3

Mal wound / GBH

PG

4y 6m
NPP 2y 6m

Crown AD

Assault

 

SNPP 7y
Drinking with friends at hotel – argument with another group –respondent (R) joined others in chasing V and V’s friends – R was hit by a bottle which caused him to continue fighting – R stomped and kicked V’s head while V lying unconscious on ground. V suffered fractures to both eye sockets, a bone between left eye socket and temple, his cheekbone and a bone in his nose.

Surgery required. No error in finding that offence was mid-range objective seriousness: [33].

Miria
[2009] NSWCCA 68

GBH / GBH

PG

2y suspended sentence

Crown AA
4y
NPP 2y

Beer glass

assaults

SNPP 7y
Hit victim in back of head with beer glass at hotel. Level of grievous bodily harm not high.

Lower than mid-range.

Gersbach
(26)

[2009] NSWCCA 132

GBH / GBH

VG

9y 4m
NPP 6y 6m

AD

Cricket bat

Limited - assault, malicious damage

SNPP 7y
Unprovoked assault - struck victim in head with cricket bat followed by two more blows to head when victim lying on ground – arising out of dispute from previous evening – with other companions at time.

V suffered severe head injuries – likely to affect planning and short term memory.

Mid-range objective seriousness.

Bonett
(21)

[2009] NSWCCA 135

Mal Wound / GBH

VG

8y
NPP 5y

Crown AD

Assault

Record for violence – breached PD for sentence imposed on mal wound involving a glassing offence – breached bail

SNPP 7y
Assaulted male in car waiting outside nightclub – Kicked in head, punched and struck in face with broken bottle – spontaneous offence – R suffering ADHD. Perceived V’s comments as provocative. Crown appeal dismissed – no error - sentence not manifestly inadequate.

V required plastic surgery to face for facial wounds described by sentencing judge as “grotesque and serious”.

Slightly below mid-range

Disrupted schooling – alcohol and steroid abuse – genuine remorse – good use of time in custody.

Dixon
(23)

 

 

 

 

A.Pearce
(23)

 

 

 

 

 

 

J. Pearce
(20)

 

[2009] NSWCCA 179

GBH / GBH
Affray

 

Sched:
2 x assault

 

 

GBH / GBH
Affray
AOABH

 

Sched:
2 x assault

 

 

 

 

GBH / GBH
Affray

 

Sched:
2 x assault

PG

3y
NPP 2y
PD

12m (concurrent)

 


5y 3m

NPP 2y

Total:
5y 6m
NPP 2y 3m

 

 

   

 

5y 3m
NPP 2y

12m
concurrent)

Crown AD

 

 

 

 

 

Crown AA
6y 3m
NPP 3y

Total:
6y 6m
NPP 2y 3m

 

 

 

 

Crown AA
6y 3m
NPP 3y

12m (concurrent)

Bottles

Minor

 

 

 

 

 

Priors including assault and affray

 

 

 

 

 

assault

SNPP 7y
Involved in fight at night club – Dixon punched owner and security guard in face – A.Pearce struck two persons in face and neck area with broken bottles – J.Pearce threw and struck several person with broken bottles – stamped on head of person – one person badly injured by bottle thrown by J.Pearce – co-offenders liable by joint criminal enterprise

Unfortunate childhood and drug abuse

Rosenburg

[2009] NSWCCA 148

GBH / GBH

VG

5y
NPP 3y 9m

AD

Metal bar

Significant, including assault

SNPP 7y
Struck male victim a number of times with metal bar following dispute – victim suffered less serious injury than other GBH cases – depressed mildly displaced fracture of left frontal sinus inferiorly and involved the anterior margin of the left orbital roof. No surgery was required.

Offence below mid-range objective seriousness but closer to middle range than bottom range.

 

Holten

[2009] NSWCCA 234

GBH / GBH

PG

6y
NPP 3y 6m

AD

 

Lengthy including numerous violence offences.

SNPP 7y
16 year old male victim approached A concerned about female in A’s company – A threw punch at V – struggle commenced – police approached and observed A to bite V’s ear – intoxicated.

V sustained permanent disfigurement to ear.

Offence in mid range.

Alcohol addiction.

Wilkins
(44)

[2009] NSWCCA 222

Mal wound / GBH

 

Sched:

3 x malicious damage by fire s195

PG

11y 6m
NPP 7y

AA
8y 6m
NPP 5y 6m

Hammer

Culpable driving

SNPP 7y
Set fire to car belonging to victim (ex-partner’s new boyfriend) parked in garage – Upon being seen leaving garage, attacked victim with hammer – numerous blows to victim’s head.

Arson was planned however attack on victim was spontaneous – depression following breakdown of relationship with partner with whom A had two children.

V suffered deep lacerations to scalp requiring 30-40 sutures and fractures of sinus and medial wall of the right orbit.

Offence should have been assessed as below mid range objective seriousness. Only the injuries from the wounding were relevant on assessment of objective seriousness.

Connelly
(38)

[2009] NSWCCA 293

GBH / GBH
Assault
Intimidation

 

Sched:
Assault

PG

5y 11m 12d
NPP 3y 5m 16d
(concurrent sentences)

AD

Baseball bat

Minor – breached two bonds

SNPP 7y
During argument outside offender’s house over debt pushed male victim causing pram to tip over – chased by victim who threw a beer bottle – chased victim in car and struck him in the head with a baseball bat – pushed female victim causing pram to tip over and baby to strike head – threatened to assault and burn down house of female victim. Male victim– lost eye and multiple orbital and facial fractures. Had orbital floor reconstruction and repair of left zygomaxillary orbital complex with multiple plates and screws inserted. Male victim suffered substantial ongoing physical and emotional harm.

Mild intellectual disability – significant brain injury – alcohol and drug addiction

Bourke
(21)

(2010) 199 A Crim R 38

Mal wound / GBH

PG

12y
NPP 8y

AD

Pole and axe

AOABH, BES. At time of offence, absent from periodic detention purporting to be ill.

SNPP 7y
Attacked victim at a party with weapons obtained from home – motive unknown – attack was unprovoked and not spontaneous.

Suffered from mental disorder – intoxicated at time of incident.

V suffered serious cuts to head including a cut above eye which went down to the bone and fractures to fingers – left with restricted movement in fingers.

Above mid range of seriousness towards upper end of range.

Binnie
(27)

[2010] NSWCCA 14

Mal wound / GBH

PG

6y 6m
NPP 4y

AA
6y
3y 6m

knife

Nil

SNPP 7y
Attacked male victim who was in company of A’s ex-girlfriend – stabbed victim in torso and side of neck. V sustained deep wound to side of neck and a 21/2 cm wound about 5cm deep to right side of the torso - 3 hour operation required.”Vicious and unprovoked attack” Followed girlfriend and victim until opportunity to attack.

Intoxicated at time of offence.

Suffering from major mental illness - depression – suicidal.

Below mid range of objective seriousness although “towards the mid range.”

Good rehabilitation prospects.

Sentence excessive.

Rudd
(62)

[2010] NSWCCA 71

1. Mal wound /GBH

2. AOABH

PG

1. 3y
NPP 2y Periodic Detention  

2. GBB 2y

Crown AD

machete

nil

SNPP 7y Neighbourhood dispute – A armed with machete (used as a gardening tool) looked for neighbour’s dog after it had attacked A’s dog – confronted by neighbours - struck female V in back with machete – male victim suffered cut to arm and small cuts to face and foot - relatively minor injuries – A received injuries to face.

Halfway between low and mid-range.

Offence a result of a “brain snap” – intoxicated – stress and aggravation from ongoing dispute with neighbours.

Prior good character – age - employed – financial supporter of family. Although error of law, no other sentence warranted in law.

Yuksel

[2010] NSWCCA 65

Wound / GBH

VG

9y
NPP 7y

9y
NPP 5y 10m

 

 

SNPP 7y
Stabbing – 3cm wound to V’s shoulder - Wound not life threatening.

Mid-range. Appeal allowed b/c no reflection of finding of special circumstances in NPP.

Suffered from psychotic condition

Nicholson (44)

[2010] NSWCCA 80

Wound /GBH

PG

5y 10m
NPP 4y 4m 16d

Crown AD

knife

Lengthy. Violence, AR.

SNPP 7y
Stabbed girlfriend in chest – mental disorder reduced culpability – spontaneous attack, not planned – lower end of GBH. [44]. Significantly below mid-range [44]

V suffered 3 stab wounds to the chest, one of which caused lung to partly collapse and bleed into thorax.

Mental illness - Substance abuse.

Simkhada
(29)

[2010] NSWCCA 284

Wound / GBH

PG

3y 9m
NPP 2y 6m

AD

Piece of wood

Breached bond for damaging property offence and AVO

SNPP 7y
Attacked estranged wife with piece of wood outside house – spontaneous offence - breached AVO – victim suffered two lacerations to the occipital region of the head, one which was 8 centimetres long and the other 10 centimetres long. They were noted to be deep and required suturing. There was also an extensive subcutaneous haematoma in the occipital region, a superficial abrasion on the neck, a periorbital haematoma, tenderness to the spine and both wrists, superficial abrasions to the left shoulder, arm and hand, and a haematoma on the ulna surface.– Nepalese.

Below mid range, towards lower range: [30]

Mental health problems following neurosurgery – genuine remorse

Woon
(74)

[2010] NSWCCA 335

2 x Wound / GBH

PG

10y
NPP 7y

Leave to appeal refused.

Scissors

Nil

SNPP 7y
Believing that 71 year old female V (V1) was spreading rumours about him, A went to VI’s home and stabbed VI repeatedly with a large pair of scissors - VI suffered seven stab wounds to head, two between neck and shoulder and one to abdomen -. Two wounds were life threatening - A also attacked the V’s 80 year old wheel-chair bound husband V2, stabbing three times to left shoulder – chest wound life-threatening, prolonged and vicious attack.

Out of character.

Stunde
(19)

[2011] NSWCCA 8

GBH / GBH
Larceny

 

Sched:
Possess cannabis

PG

3y
NPP 2y
PD

 

$500 fine

Crown AA
4y
NPP 2y 6m

No weapon

Breached bond for assault and property damage

SNPP 7y
Altercation with 16y outside high school – upset over break up with girlfriend who had commenced relationship with victim – sustained punching and kicking. There was an element of provocation in relation to commencement of fight in that the victim summoned the R to the scene of the fight and started the fight by throwing his bike at R [81-85]. Victim suffered significant facial and eye injuries: (a) vitreous haemorrhage and choroidal rupture to his right eye; (b) a comminuted fracture of the right maxillary sinus on both the anterior and medial walls; (c) a comminuted fracture to the floor of the right eye with a displaced fragment of bone angulating forward; (d) multiple areas of gas were noted in the right orbit and a fracture line was seen extending to the lateral orbit wall; (e) an undisplaced fracture to the nasal bone; and (f) a wound to the right eyebrow which required suturing.

VI effectively blind in one eye as a result of injuries.

Only marginally less than mid range: [104]. Rehabilitation.

Note: s 68A Crimes (Appeal and Review) Act applied, i.e. double jeopardy not a relevant matter on re‑sentence.

Adams

[2011] NSWCCA 47

Wound / GBH 
2 x AOABH

VG

5y
NPP 3y

 

Total:
5y
NPP 3y 6m

AA
4y
NPP 2y 6m

 

Total:
4y 6m
NPP 3y

Baseball bat

 

SNPP 7y
C in dispute with V (C’s ex-husband) over matrimonial home - C asked A and cooffender to eject V from house - . A and cooffender armed with baseball bat and curtain rod struck V – V’s finger crushed and received laceration to scalp from blow to head - punched V’s girlfriend in face and dragged her through fragments of broken glass, causing cuts and wounds to her legs - Lack of premeditation - injuries at the lower end of the spectrum comprehended by grievous bodily harm

Moderately below mid-range: [36]

Parity ground allowed.

Chen
(49)

[2011] NSWCCA 85

GBH

PG

5y
NPP 3y

AD

Knife

Nil

SNPP 7y
In company with others, assaulted V (who acted as an immigration agent) over contractual dispute – D used knife to stab V in chest area – V received severe laceration to his right wrist and superficial wounds to his chest, abdomen and forearm. While V was prostrate and bleeding heavily on floor, A continued to kick and punch V. Planned offence – committed in company. Just within the mid range.

Good character.

AI & SB
(18)

[2011] NSWCCA 95

SB only:
Wound / GBH

VG

7y
NPP 4y

Crown AD

Knife

Nil significant. On bond.

SNPP 7y
SB in company of AI and JB (15 year old brother) – AI instigated fight with V and friend at train station – V began punching JB - SB stabbed V to arm and twice to chest – V suffered life threatening and permanent injury - permanent nerve damage to the top of the legs and some muscle damage around his chest

Below mid-range on basis that SB acted in excessive self defence of JB.

Sentence within range.

Youth – rehabilitation.

Shaba

[2011] NSWCCA 154

Mal wound / GBH

VG

6y
NPP 3y

AA
To backdate sentence to take into account PSC

Knife

Breached bail

SNPP 7y
Stabbed victim at commencement of melee between two groups of males on street. Knife plunged into victim’s left flank penetrating through the left kidney. Required immediate surgery to stop the bleeding and insert a ureter stent. A second surgical procedure was required. Victim left with 70% to 80% of normal function in his left kidney

Butler

[2012] NSWCCA 23

Mal wound / GBH

 

Sched:
2 x mal wound

PG

8y 6m
NPP 5y 6m

AD

Locksmith tool around finger

Offence committed 2 days after bond for assault (bond stayed for appeal)

SNPP 7y
Co-offender assaulted male stranger in street – offender returned to become involved – fitted locksmith tool to finger - unprovoked assault on three victims – inflicted deep lacerations on face of each victim – permanent scarring

JM
(17)

[2012] NSWCCA 83

GBH / GBH
Affray

PG

7y
NPP 4y
(12m concurrent)

AA
5y
NPP 3y

No weapon

Nil

SNPP 7y
Street fight after party between youths – kicked and punched victim and bashed head against bitumen – element of pre-meditation – serious long-term injuries - involved in assault on second victim – intoxicated and responding to earlier racial slur

Strict bail conditions – Aboriginal - remorse – excellent prospects of rehabilitation

Aitchison

[2012] NSWCCA 82

Wound / GBH

VG

9y
NPP 6y

AA
7y
NPP 4 y 6m

Knife

Assault, Mal wound, AOABH, Possess firearm

SNPP 7y
Attended V’s home with cooffender – stabbed V under armpit – plan to extract drugs from V – planned offence.

Drug and alcohol abuse.

(Re-sentenced in accordance with Muldrock).

Carroll

[2012] NSWCCA 118

Wound / GBH

PG

8y 3m
NPP 6y

AA
6y
NPP 4y

Knife

 

SNPP 7y
“Road rage” incident – V driving another vehicle which almost collided with A’s vehicle – V shook his head at A’s driving – further along road, A slammed brakes and got out of his car and approached V yelling and screaming - verbal argument – V held piece of wood over his head to protect himself – A took knife from his car – as V tried to protect himself, A slashed V’s arm and face.

Deliberate and intentional.

Probable frontal lobe damage diminishing capacity for self-control - Irrelevant material considered when finding offence above mid-range of objective seriousness -Failure to reflect discount for plea of guilty - Failure to reflect finding of special circumstances.

Mendes
(22)

[2012] NSWCCA 103

2 x GBH / GBH

 

Sched:
3 offences

PG

10y
NPP 7y

AA

Same effective sentence

Knife

nil

SNPP 7y
During argument with girlfriend at hotel grabbed her around the neck, slapped her, dragged her towards the balcony and threatened to throw her off, stabbed her in chest, neck and wrist - chased victim through hotel – stabbed male friend of victim twice in neck and back – continued to assaulted girlfriend and stabbed her in arm while attempting to stab in neck – under influence of cannabis and methylamphetamine

Drug use commenced after sexual abuse as a child by older teenagers – good prospects of rehabilitation – genuine remorse

Aldous

[2012] NSWCCA 153

Wound / GBH

VG

6y
NPP 3y

AD

Schooner glass

 

SNPP 7y
Struck victim on back of head during poker game at hotel – victim running game – upset at being stood out of game for ten minutes – intoxicated – just below mid-range

JB
(17)

[2012] NSWCCA 196

Wound / GBH

PG

5y 3m
NPP 3y

AD

No weapon

Significant including assaults

Assaulted another youth in park – punched victim to head 8-10 times – returned to continue assault – intoxicated

Difficult childhood – remorse and some evidence of rehabilitation

Sentencing judge erred in referring to SNPP

AM
(16)

[2012] NSWCCA 203

GBH / GBH

PG

7y
NPP 3y

AD

 

Nil

SNPP did not apply as A juvenile at time of offence - Unprovoked attack upon innocent stranger — Victim punched repeatedly to face — Prone victim then kicked and stomped on the head — suffered traumatic brain injury — Permanent cognitive impairment

Affected by alcohol - dysfunctional background – strong subjective features

Bugmy
(31)

[2012] NSWCCA 223

 

 

 

 

 

 

 

[2014] NSWCCA 322

GBH / GBH

2 x s.60A(1) (assault prison officer)

PG

6y
NPP 4y

 

Total:
6y 3m
NPP 4y 3m

Crown AA
7y 6m
NPP 5y

 

Total:
7y 9m
NPP 5y 3m

 

 

 

 

After HC appeal matter returned to CCA

 

Crown AD (exercise of discretion)

Pool balls

Lengthy

SNPP 7y
While on remand in prison became angry at visiting hours – threatened prison officer – threw pool balls at two officers – threw pool ball at third officer striking him in the eye – loss of site, PTSD and loss of career – spontaneous offence

Aboriginal with difficult childhood – mental disorder

NW Galbraith
(27)

[2013] NSWSC 284
Harrison J

GBH / GBH

Affray

VG

3y
NPP 2y

 

 

Nil

SNPP 7y
Hit V to head who fell unconscious to ground – A with his 2 brothers when they confronted V and three friends who had attended a party in their neighbourhood – not planned – one of V’s friends was killed when he ran into an oncoming car as he tried to escape – unprovoked vicious attack.

Prior good character – rehabilitation prospects – remorse.

Duncombe
(21)

[2013] NSWCCA 271

GBH / GBH

 

Sched:
Affray

PG

8y
NPP 5y

AD

Sledge-hammer

AOABH, damage property, BES. On parole.

SNPP 7y
Hit V on back and to head and face with sledgehammer – altercation between neighbours – large group of persons confronting one another – V suffered fractures and injuries confining him to hospital for 9 days.

Drug use – limited intellectual capacity

(Muldrock appeal).

Dulihanty
(42)

[2013] NSWCCA 275

Wound / GBH

VG

8y
NPP 5y

AD

 

Nil

SNPP 7y
A arranged for V sex worker to attend unoccupied premises - A attacked V from behind with weapon inflicting grievous bodily harm – several blows inflicted – no apparent motive – A in a rage - A fled premises leaving V behind – weapon not recovered.

(Muldrock appeal).

Ramea

[2013] NSWCCA 310

Wound / GBH

PG

9y
NPP 6y

AD

Glass

Priors – breached conditional liberty

SNPP 7y Unprovoked attack by passenger on taxi driver using glass – spontaneous but sustained assault – could not pay fare – slightly above mid-range

Remorse – good prospects of rehabilitation

Tuuta
(19)

[2014] NSWCCA 40

GBH / GBH

VG

6y
NPP 3y 7m 6d

Crown AA
6y 8m
NPP 5y

Fist

Breached parole for similar offence – record for violence

SNPP 7y
Punched female acquaintance waiting for taxi several times to face – unprovoked and unexpected attack – fractured jaw

Drug abuse

Elturk
(40)

[2014] NSWCCA 61

Wound / GBH

Stealing

PG
(20%)

8y
NPP 4y

AA
6y 6m
NPP 3y 6m

Knife

Not excessive

SNPP 7y
Stole knife from shop – approached father watching TV from behind and drew knife across neck causing serious wound

Suffering lengthy history of major mental illness – SJ erred in not taking into account mental illness in assessing moral culpability

Lolesio

[2014] NSWCCA 219

2 x GBH / GBH

VG

4y
NPP 2y

Crown AA
7y
NPP 4y

Assault

juvenile

SNPP 7y
Assaulted 6w baby on two occasions 7 days apart – caused 14 fractures to legs, ankles, feet and ribs – injuries to arms – haematoma caused by severe shaking

Low intellectual capacity – suffering stress – good prospects of rehabilitation

Dacey

(27)

[2014] NSWSC 1452
RA Hulme J

GBH / GBH​VG​Knife​LengthySNPP 7y

Stabbed V during argument over drugs and money – V died a few days later – in company of A's brother – barely knew V - spontaneous offence - objective seriousness slightly below mid-range.

Institutionalised – drug addiction – low prospects rehabilitation.

De Wet

[2015] NSWCCA 23

s.33(1)(b)

 

s.86(3)

PG

10%

9y

NPP 6y

FT 4y

 

Total:
10y
NPP 7y

​AD​AssaultLengthy – including violenceSNPP 7y

Leader of group of males who kidnapped victim from home – sustained assault – kicked, punched and choked – offender bit off part of ear

Drug abuse

Porter

(21)

[2015] NSWCCA 59

s.33(1)(a)

 

Sched:
2 offences

​PG5y

NPP 3y

​AD​Machete​NilSNPP 7y

Attacked V male with machete striking V's left arm – came to V's home late at night – attack due to animosity between A and V's son.

Aboriginal – disturbed upbringing

McVittie

(33)

[2015] NSWCCA 92

Wound/GBH

 

Sched:
Agg Kidnapping

PG

(25%)

5y 6m

NPP 3y 4m

​AD​KnifeLesser assault offencesSNPP 7y

Invited V to house then detained him – attacked with knife – 3 stab wounds – struck with dumbbell bar and hammer and punched – sought to have V agree to delusional belief that he was talking to offender's girlfriend about killing offender

Suffering mental illness

Newman

(21)

[2015] NSWCCA 270

​s.33(1)(a) wound / GBH​VG​6y 6m

NPP 3y 6m

AA

4y NPP 2y 2m

destroy or damage property, enter enclosed landSNPP 7 years

CCA:  offence at low end of seriousness by the measures of both the nature of the attack and the injury inflicted – single blow which did not actually inflict serious injury of lasting consequence - comparable cases – manifestly excessive.

Argument with acquaintance male V -  believed V had stolen money from A's girlfriend – hit V over head with metal pole – V in a mobility scooter – both had been consuming alcohol – V suffered swelling and laceration requiring 5 sutures.

Dysfunctional upbringing -  borderline intellectual deficiency.

MF

(17)

[2015] NSWCCA 283

s.33(1)(b)PG

(15% + 30% for assist)

6y

NPP 3y

Crown ADAccelerant and lighterLesser offencesSNPP 7 years

Following demands of 41y violent cousin approach female in street, threw accelerant on her and set her alight – serious and long-term burns – acted under duress fearing violence to mother and sister

Genuine remorse – good prospects of rehabilitation - low intelligence and untreated ADHA made him susceptible to duress – assistance against co-offender

Turner

[2015] NSWCCA 322

​s.33​VG7y 3m

NPP 5y

​AD​GlassNot indicated.SNPP 7 years

Glassing – A struck V in face with glass – A and V resided in same men's hostel.

Full facts not indicated.

Kiernan

(32)

[2016] NSWCCA 12

s.33(1)(a)​PG

(25%)

7y 6m

NPP 5y

​AD​KnifePoor record - violenceSNPP 7 years

Went to caravan of male acquaintance with intention to rob – became angry during conversation and attacked victim with knife – slashed throat and stabbed in leg during struggle

Childhood subjected to ritual and constant physical, sexual and psychological abuse