s. 33 - Maximum penalty
25 years imprisonment
period (offences committed on or after 1.2.2003) – 7 years
Mal wound /
2y NPP 1y Suspended
Crown AA FT 2y 2m PD
SNPP 7y Angered by daughter being
left alone with ex-partner’s new boyfriend - attacked with carving knife –
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
7y 6m NPP 5y
AA 7y NPP 4y
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
Mother of young child –
Drug abuse and youth.
Special circumstances -
(2005) 155 A Crim R
6y 9m NPP 4y 8m
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.
GBH / GBH
2y 8m NPP 14m
Crown AA 5y NPP 2y 6m
SNPP 7y During argument over parked
car deliberately drove at and struck police officer with front of car –
accelerated and drove off.
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: ,
7y 6m NPP 5y 6m
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
Below mid-range:  –
Professional rugby league
player – qualified and committed youth worker widely respected in Aboriginal and
wider community – good character.
Proper allowance for
10y 8m NPP 8y
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 –
V left with residual
scarring described as “substantial and prominent.”
Slightly above mid-range:
Mal inflict GBH w/I
SNPP 7y Friend caught shoplifting –
Applicant kicked security guard in head to prevent friend being
Victim suffered severe
facial and cranial injuries resulting in serious post traumatic disorders and
premeditated. Below mid-range: 
10y 6m NPP 6y
AA 9y 7m NPP 5y
Priors – less
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
Attempt Mal wound /
3y NPP 18m
SNPP 7y Attacked wife after
breakdown of marriage – no actual wounding.
5y NPP 2y 6m
Crown AD –
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 -
(2006) 167 A Crim R
9y 4m NPP 7y
AA 8y NPP 5y 6m
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
12y NPP 8y (partially
accumulative on sentence being served for similar offence)
Exhaust pipe and shortened
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
Serving sentence for prior
assault on victim’s new partner.
Above mid range: .
“Cold calculated and brutal attack upon a helpless woman in her own
9y NPP 5y 6m
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.
Emotional upheaval –
contrition – good prospects of rehabilitation
5y 4m NPP 2y 10m
Possess proh drug
SNPP 7y Stabbed shopkeeper
(victim)twice in neck during struggle.
Troubled background. On
drugs at time. Prospects of rehabilitation guarded.
8y NPP 5y
Crown AA 12y NPP 8y
Breach AVO, assault
SNPP 7y Punched victim numerous
times on two occasions while drinking at hotel – Victim reduced to vegetative
Above mid-range and in
category of high seriousness 
Mal Wound /
3y NPP 2y Periodic Detention
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.
(2007) 177 A Crim R
GBH / GBH
8y NPP 4y
5y 2m NPP 2y 6m
Crown AA 12y NPP 7y
9y 4m NPP 5y
Dangerous driving, Assault,
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.
(2008) 181 A Crim R
7y NPP 4y
AA 6y NPP 3y
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
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 .
Aboriginal with deprived
childhood – suffered physical and sexual abuse
Mal wound /GBH
4y NPP 2y
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’.
(2008) 184 A Crim R
3y NPP 2y Periodic
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.
9y NPP 6y
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
Suffered severe and
permanent brain damage - permanent impairment of cognitive, emotional,
behavioural and functional nature. Unable to live
GBH / GBH Mal wound/GBH
Total: 9y NPP 5y
AA Total: 7y NPP 4y
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.
6y 6m NPP 4y
Crown AA 9y NPP 6y
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.
10y 8m NPP 6y
AA 9y NPP 6y
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.
Appeal allowed on parity
7y NPP 3y 9m
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.
longstanding substance abuse
3y NPP 2y
AD (conviction only)
Foot (single kick)
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
12y NPP 8y
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
Crown AA 5y 6m NPP 3y 2m
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
– alcohol abuse and anger management problems – good prospects of
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
Aboriginal with difficult
background – Drug / alcohol abuse – Remorse – Voluntarily surrendered to police
– reasonable prospects of rehabilitation
4y 6m NPP 2y 6m
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: .
Miria  NSWCCA
Crown AA 4y NPP 2y
SNPP 7y Hit victim in back of
head with beer glass at hotel. Level of grievous bodily harm not
9y 4m NPP 6y 6m
Limited - assault,
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.
Record for violence –
breached PD for sentence imposed on mal wound involving a glassing offence –
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
V required plastic
surgery to face for facial wounds described by sentencing judge as “grotesque
Disrupted schooling –
alcohol and steroid abuse – genuine remorse – good use of time in
GBH / GBH Affray
Sched: 2 x assault
GBH / GBH Affray AOABH
GBH / GBHAffray
3y NPP 2y PD
5y 3m NPP 2y
Total: 5y 6m NPP 2y 3m
Crown AA 6y 3m NPP 3y
Total: 6y 6m NPP 2y 3m
Priors including 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
Unfortunate childhood and
5y NPP 3y 9m
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.
6y NPP 3y 6m
Lengthy including numerous
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 –
V sustained permanent
disfigurement to ear.
Offence in mid
3 x malicious damage
by fire s195
11y 6m NPP 7y
AA 8y 6m NPP 5y 6m
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
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
 NSWCCA 293
GBH / GBH Assault Intimidation
5y 11m 12d NPP 3y 5m 16d (concurrent
Minor – breached two
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
disability – significant brain injury – alcohol and drug addiction
(2010) 199 A Crim R
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.
 NSWCCA 14
AA 6y 3y 6m
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
Suffering from major
mental illness - depression – suicidal.
Below mid range of
objective seriousness although “towards the mid range.”
 NSWCCA 71
1. Mal wound
1. 3y NPP
2y Periodic Detention
2. GBB 2y
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
Offence a result of a
“brain snap” – intoxicated – stress and aggravation from ongoing dispute with
Prior good character –
age - employed – financial supporter of family. Although error of
law, no other sentence warranted in law.
 NSWCCA 65
Wound / GBH
9y NPP 7y
9y NPP 5y 10m
SNPP 7y Stabbing – 3cm wound to
V’s shoulder - Wound not life threatening.
Appeal allowed b/c no reflection of finding of special circumstances in
Suffered from psychotic
 NSWCCA 80
5y 10m NPP 4y 4m 16d
SNPP 7y Stabbed girlfriend in
chest – mental disorder reduced culpability – spontaneous attack, not planned –
lower end of GBH. . Significantly below mid-range 
V suffered 3 stab wounds
to the chest, one of which caused lung to partly collapse and bleed into
Mental illness -
 NSWCCA 284
3y 9m NPP 2y 6m
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: 
Mental health problems
following neurosurgery – genuine remorse
 NSWCCA 335
2 x Wound /
10y NPP 7y
Leave to appeal
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.
 NSWCCA 8
GBH / GBH Larceny
Crown AA 4y NPP 2y 6m
Breached bond for assault
and property damage
SNPP 7yAltercation 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: . Rehabilitation.
Note: s 68A Crimes
(Appeal and Review) Act applied, i.e. double jeopardy not a relevant matter on
 NSWCCA 47
Wound / GBH 2 x AOABH
5y NPP 3y
Total: 5y NPP 3y 6m
AA 4y NPP 2y 6m
Total: 4y 6m NPP 3y
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
 NSWCCA 85
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.
 NSWCCA 95
only: Wound / GBH
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.
 NSWCCA 154
Mal wound / GBH
6y NPP 3y
AA To backdate sentence to
take into account PSC
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
 NSWCCA 23
Mal wound / GBH
Sched: 2 x mal wound
8y 6m NPP 5y 6m
Locksmith tool around
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
 NSWCCA 83
7y NPP 4y (12m concurrent)
AA 5y NPP 3y
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
 NSWCCA 82
AA 7y NPP 4 y 6m
Assault, Mal wound, AOABH,
SNPP 7y Attended V’s home with
cooffender – stabbed V under armpit – plan to extract drugs from V – planned
Drug and alcohol
(Re-sentenced in accordance
 NSWCCA 118
8y 3m NPP 6y
AA 6y NPP 4y
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.
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.
 NSWCCA 103
2 x GBH / GBH
Sched: 3 offences
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
Drug use commenced after
sexual abuse as a child by older teenagers – good prospects of rehabilitation –
 NSWCCA 153
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
 NSWCCA 196
5y 3m NPP 3y
Assaulted another youth in
park – punched victim to head 8-10 times – returned to continue assault –
Difficult childhood –
remorse and some evidence of rehabilitation
Sentencing judge erred in
referring to SNPP
 NSWCCA 203
7y NPP 3y
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
 NSWCCA 223
 NSWCCA 322
2 x s.60A(1) (assault
6y NPP 4y
Total: 6y 3mNPP 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)
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
 NSWSC 284 Harrison J
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.
character – rehabilitation prospects – remorse.
 NSWCCA 271
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
 NSWCCA 275
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
 NSWCCA 310
Priors – breached
SNPP 7y Unprovoked attack by passenger on taxi driver using glass –
spontaneous but sustained assault – could not pay fare – slightly above
Remorse – good prospects of rehabilitation
 NSWCCA 40
6y NPP 3y 7m 6d
Crown AA6y 8m NPP 5y
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
 NSWCCA 61
Wound / GBH
AA 6y 6m NPP 3y 6m
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
 NSWCCA 219
2 x GBH / GBH
Crown AA 7y NPP 4y
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
intellectual capacity – suffering stress – good prospects of
 NSWSC 1452RA Hulme J
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.
 NSWCCA 23
Total:10y NPP 7y
Leader of group of males who kidnapped victim from home – sustained assault – kicked, punched and choked – offender bit off part of ear
 NSWCCA 59
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
 NSWCCA 92
NPP 3y 4m
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
 NSWCCA 270
NPP 3y 6m
4y NPP 2y 2m
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.
 NSWCCA 283
(15% + 30% for assist)
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
 NSWCCA 322
Glassing – A struck V in face with glass – A and V resided in same men's hostel.
Full facts not indicated.
 NSWCCA 12
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