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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Wounding - s.33 - Malicious Wounding / Maliciously Inflict GBH with Intent to Cause GBH - Standard Non-Parole Period

s.33 Whosoever:

maliciously by any means wounds or inflicts grievous bodily harm upon any person, or

maliciously shoots at, or in any manner attempts to discharge any kind of loaded arms at any person,

with intent in any such case to do grievous bodily harm to any person, or with intent to resist, or prevent, the lawful apprehension or detainer either of himself or herself or any other person,

amended 15.2.2008

s. 33(1) A person who:

(a) wounds any person, or

(b) causes grievous bodily harm to any person,

with intent to cause grievous bodily harm to that or any other person is guilty of an offence.

(2) A person who:

(a) wounds any person, or

(b) causes grievous bodily harm to any person,

with intent to resist or prevent his or her (or another person's) lawful arrest or detention is guilty of an offence.

Maximum Penalty for all offences: 25 years

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

NAME
(age if known)
OFFENCE
S33
PLEASENTENCEAPPEAL WEAPONRECORDSUMMARY

Dickinson

(25)

[2004] NSWCCA 457

 

[2005] NSWCCA 284

Mal wound / GBHPG

2y

NPP 1y

Suspended

Crown AA

FT 2y 2m PD

 

AD

KnifeNil

SNPP 7 Years

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

(20%)

7y 6m

NPP 5y

AA

7y

NPP 4y

KnifeNil

SNPP 7 years

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

(25%)

6y 9m

NPP 4y 8m

ADKnife 

SNPP 7 years

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

Chisari

(27)

[2006] NSWCCA 19

GBH / GBHVG

2y 8m

NPP 14m

Crown AA

5y

NPP 2y 6m

CarMinor

SNPP 7 years

During argument over parked car deliberately drove at and struck police officer with front of car – accelerated and drove off - fractured right arm with permanent damage - financial stress due to loss of work - below mid-range

Uncharacteristic aberration.

Heron

[2006] NSWCCA 215

GBH / GBHVG

7y 6m

NPP 5y 6m

 

AA

7y

NPP 4y

GlassAOABH, assault

SNPP 7 years

Dispute at hotel party 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 – no long-term effects - spontaneous attack - below mid-range

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

Mackey

(26)

[2006] NSWCCA 254

Mal wound / GBHVG

10y 8m

NPP 8y

ADGlassMansl x3-breached parole

SNPP 7 years

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 "substantial and prominent" scarring - slightly above mid-range

JPW

(15)

[2006] NSWCCA 294

Mal inflict GBH w/I prevent apprehensionVGGBB 3yCrown ADKicking 

SNPP 7 years

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

Ghazi

[2006] NSWCCA 320

Mal wound / GBH

PG

(20%)

10y 6m

NPP 6y

AA

9y 7m

NPP 5y

KnifePriors – less serious

SNPP 7 years

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 / GBHPG

3y

NPP 18m

ADKnifeNil

SNPP 7 years

Attacked wife after breakdown of marriage – no actual wounding.

Good character.

Jenkins

(19)

[2006] NSWCCA 412

GBH / GBHVG

5y

NPP 2y 6m

Crown ADGlassNil

SNPP 7 years

Female– pushed glass into right eye of victim 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 with risk of sympathetic injury to left eye occurring in future - facial scarring - unlikely to be able to continue as a serving police officer - somewhat below mid-range

Difficult childhood – depression – remorse

Sentence was lenient but within range

Pillay

(22)

(2006) 167 A Crim R 312

Mal wound / GBHVG

9y 4m

NPP 7y

AA

8y

NPP 5y 6m

KnifeNil relevant

SNPP 7 years

Attacked paraplegic flatmate – threat to kill – forced to write suicide note – choked – cut hand with carving knife - majority of tendons in wrist cut or damaged - desisted and assisted victim – build up of tension - mid-range offence - premeditation

Vragovic

(69)

[2007] NSWCCA 46

GBH / GBHVG12y NPP 8y (partially accumulative on sentence being served for similar offence)ADExhaust pipe and shortened firearmMaliciously inflict gbh with intent – breached bail for same offence different victim

SNPP 7 years

Attack upon estranged 57y wife – broke into victim's home at night – beat victim to face and body – Victim suffered serious on-going injuries- above mid-range - "Cold calculated and brutal attack upon a helpless woman in her own home."

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

Frigiani

(36)

[2007] NSWCCA 81

Mal wound / GBHPG

9y

NPP 5y 6m

ADKnifeBreached s.10 bond for assault on wife

SNPP 7 years

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

(25%)

5y 4m

NPP 2y 10m

ADKnifePossess proh drug

SNPP 7 years

Stabbed shopkeeper twice in neck during struggle.

Troubled background - on drugs at time of offence - prospects of rehabilitation guarded.

Jione

[2007] NSWCCA 170

GBH / GBH

PG

(25%)

8y

NPP 5y

Crown AA

12y

NPP 8y

AssaultBreach AVO, assault

SNPP 7 years

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

Deng

[2007] NSWCCA 216

Mal Wound / GBH

PG

(20%)

3y

NPP 2y

Periodic Detention

Crown ADKnife 

SNPP 7 years

Stabbed victim three times in chest and once in back – injuries to spleen and punctured lung - Victim to marry appellant's ex-partner and mother of his child - below mid‑range.

Refugee from war in Sudan - fractured childhood being taken prisoner by soldiers and separated from family - supported mother and younger siblings.

Mitchell

(21)

 

 

Gallagher

(20)

 

(2007) 177 A Crim R 94

NSWCCA

GBH / GBH

 

 

 

GBH / GBH

PG

 

 

 

PG

 

(20% reduced to 15% on appeal)

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 7 years

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

(25% - see [52])

7y

NPP 4y

AA

6y

NPP 3y

AssaultBreached AVO

SNPP 7 years

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.

Aboriginal with deprived childhood – suffered physical and sexual abuse

Sentencing judge erred in finding in upper level of seriousness - ought to have taken applicant's psychological condition into account on objective seriousness - suffering incapacitating mental illness at time of offence

Ferrer

(24)

[2008] NSWCCA 104

Mal wound /GBH

PG

(10%)

4y

NPP 2y

Crown ADScissorsDrugs, dishonesty

SNPP 7 years

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 offender or V had produced scissors - V suffered collapsed lung and required surgery - below mid-range – not premeditated - whilst attack savage, offender had ended it of 'own volition'

Lombard

(2008) 184 A Crim R 565

Mal wound/GBH

PG

(20% - see facts)

3y

NPP 2y Periodic Detention

Crown ADKnife 

SNPP 7 years

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 and stabbed victim in neck - no premeditation or planning - removal of knife from kitchen was spontaneous without malicious intent - 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." - low mid-range.

Additional 13.3% discount for contrition, remorse and weak crown case

Moore

(56)

[2008] NSWCCA 143

GBH / GBH

PG

(10%)

9y

NPP 6y

ADPokerMinor

SNPP 7 years

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 - life support in induced coma - severe and permanent brain damage - unable to live independently - mid-range.

Genuine remorse

Thewlis

[2008] NSWCCA 176

GBH / GBH

 

Mal wound/GBH

PG

(25%)

Total:

9y

NPP 5y

AA

Total:

7y

NPP 4y

 

Knife 

SNPP 7 years

Repeatedly stabbed estranged de facto and new partner - female victim suffered life threatening injuries requiring immediate surgery and leaving permanent scarring - mid-range.

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.

Fryar

(52)

[2008] NSWCCA 171

Mal wound / GBHVG

6y 6m

NPP 4y

Crown AA

9y

NPP 6y

KnifeDriving.  No offences of violence.

SNPP 7 years

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/GBHVG

10y 8m

NPP 6y

AA

9y

NPP 6y

AssaultPossess drugs.

SNPP 7 years

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 - right ear 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

(15%)

7y

NPP 3y 9m

ADPool cueViolence

SNPP 7 years

At hotel friend of applicant hit him across head with pool cue - applicant further struck victim with another pool cue across head causing laceration to skull – no provocation - mid-range.

Aboriginal with longstanding substance abuse

Quach

[2008] NSWCCA 284

GBH / GBHVG

3y

NPP 2y

Conviction ADFoot - single kickNil

SNPP 7 years

During soccer match scuffle ensued – kicked linesman once to face as he intervened - 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 / GBHPG

12y

NPP 8y

ADPush into trainMid-range PCA

SNPP 7 years

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

Protective custody

Quin

(20)

[2009] NSWCCA 16

GBH / GBHVG

5y

NPP 2y 6m

Crown AA

5y 6m

NPP 3y 2m

AssaultPriors including assault – breached conditional liberty

SNPP 7 years

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 molar teeth removed and 3 sets of screws inserted with plate in jaw - below mid-range

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

Sproates

(24)

[2009] NSWCCA 29

GBH / GBH

PG

(25%)

12y

NPP 8y

ADShootingNot extensive

SNPP 7 years

Verbal altercation in hotel with V – approached V outside hotel and threatened with gun – fired 3 shots hitting V in stomach – severe injuries - bullet entered left abdomen, passed through liver and stomach and lodged near spine in 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

(25%)

4y 6m

NPP 2y 6m

Crown ADAssault 

SNPP 7 years

Drinking with friends at hotel – argument with another group –respondent (R) joined others in chasing V and friends – R was hit by bottle causing him to continue fighting – stomped and kicked V's head while V unconscious on ground - suffered fractures to both eye sockets, bone between left eye socket and temple, cheekbone and bone in nose - surgery required - mid-range objective seriousness

Miria

[2009] NSWCCA 68

GBH / GBH

PG

(25%)

2y suspended sentence

Crown AA

4y

NPP 2y

Beer glassassaults

SNPP 7 years

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 / GBHVG

9y 4m

NPP 6y 6m

ADCricket batLimited - assault, malicious damage

SNPP 7 years

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 / GBHVG

8y

NPP 5y

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

SNPP 7 years

Assaulted male in car waiting outside nightclub – kicked in head, punched and struck in face with broken bottle – spontaneous offence – R suffering ADHD and perceived V's comments as provocative - required plastic surgery to face for facial wounds described as "grotesque and serious" - lightly 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 7 years

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 / GBHVG

5y

NPP 3y 9m

ADMetal barSignificant, including assault

SNPP 7 years

Struck male victim a number of times with metal bar following dispute – victim suffered less serious injury than other GBH cases – 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

(25%)

6y

NPP 3y 6m

AD Lengthy including numerous violence offences.

SNPP 7 years

16y 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 - permanent disfigurement to ear - mid range.

Intoxicated at time - alcohol addiction.

Wilkins

(44)

[2009] NSWCCA 222

Mal wound / GBH

 

Sched:

3 x malicious damage by fire s195

PG

(15%)

11y 6m

NPP 7y

AA

8y 6m

NPP 5y 6m

HammerCulpable driving

SNPP 7 years

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 planned but attack on victim spontaneous - 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 injuries from wounding relevant to assessment of objective seriousness.

Depression following breakdown of relationship with partner with whom A had two children.

Connelly

(38)

[2009] NSWCCA 293

GBH / GBH

 

Assault

Intimidation

 

Sched:

Assault

PG

(15%)

5y 11m 12d

NPP 3y 5m 16d

(concurrent sentences)

ADBaseball batMinor – breached two bonds

SNPP 7 years

During argument outside offender's house over debt pushed male victim causing pram to tip over – chased by victim who threw beer bottle – chased victim in car and struck him in 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 - orbital floor reconstruction and repair of left zygomaxillary orbital complex with multiple plates and screws inserted - 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

(15%)

12y

NPP 8y

ADPole and axeAOABH, BES - absent from periodic detention at time of offence purporting to be ill.

SNPP 7 years

Attacked victim at party with weapons obtained from home – motive unknown – attack unprovoked and not spontaneous - V suffered serious cuts to head including cut above eye to bone and fractures to fingers – left with restricted movement in fingers - above mid-range towards upper end of range.

Suffered from mental disorder – intoxicated at time of incident.

Binnie

(27)

[2010] NSWCCA 14

Mal wound / GBH

PG

(25%)

6y 6m

NPP 4y

AA

6y

3y 6m

knifeNil

SNPP 7 years

Followed ex-girlfriend and victim in car until opportunity to attack – stabbed victim in torso and side of neck - V sustained deep wound to neck and 21/2 cm wound about 5cm deep to right side of torso - 3 hour operation required – "vicious and unprovoked attack" - below mid-range of objective seriousness although "towards the mid-range."

Intoxicated at time of offence - suffering from major mental illness - depression – suicidal - Good rehabilitation prospects

Rudd

(62)

[2010] NSWCCA 71

Mal wound /GBH

 

AOABH

PG

(15%)

3y

NPP 2y

PD

 

GBB 2y

Crown ADmachetenil

SNPP 7 years

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 on-going dispute with neighbours - prior good character – age - employed – financial supporter of family

Yuksel

[2010] NSWCCA 65

Wound / GBHVG

9y

NPP 7y

9y

NPP 5y 10m

  

SNPP 7y

Stabbing – 3cm wound to V's shoulder - wound not life threatening - mid-range

Suffered from psychotic condition

Failure to reflect finding of special circumstances

Nicholson

(44)

[2010] NSWCCA 80

Wound /GBH

PG

(15%)

5y 10m

NPP 4y 4m 16d

Crown ADknifeLengthy – violence - AR.

SNPP 7y

Stabbed girlfriend in chest – spontaneous attack, not planned – lower end of GBH - V suffered 3 stab wounds to chest - lung partly collapsed and bleed into thorax - mental disorder reduced culpability - significantly below mid-range

Mental illness - Substance abuse.

Simkhada

(29)

[2010] NSWCCA 284

Wound / GBH

PG

(25%)

3y 9m

NPP 2y 6m

ADPiece of woodBreached 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 occipital region of head – 8cm and 10 cm - deep and required suturing - extensive subcutaneous haematoma in occipital region, superficial abrasion on neck, periorbital haematoma, tenderness to spine and both wrists, superficial abrasions to left shoulder, arm and hand, and haematoma on ulna surface - below mid-range, towards lower range

Nepalese - mental health problems following neurosurgery – genuine remorse

Woon

(74)

[2010] NSWCCA 335

2 x Wound / GBHPG

10y

NPP 7y

ADScissorsNil

SNPP 7y

Stabbed 71y female repeatedly with large pair of scissors in her home believing she was spreading rumours about him - seven stab wounds to head, two between neck and shoulder and one to abdomen - two wounds were life threatening - also stabbed V's 80y wheel-chair bound husband three times to left shoulder – chest wound life-threatening - prolonged and vicious attack.

Out of character.

Stunden

(19)

[2011] NSWCCA 8

GBH / GBH

 

Larceny

 

Sched:

Possess cannabis

PG

(25%)

3y

NPP 2y

PD

 

$500 fine

Crown AA

4y

NPP 2y 6m

No weaponBreached 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 - element of provocation that victim summoned offender to scene and started fight by throwing his bike at offender – serious facial and eye injuries - effectively blind in one eye - only marginally less than mid-range

Rehabilitation

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 co-offender to eject V from house - . A and co-offender 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 - no premeditation -  injuries at lower end of spectrum - moderately below mid-range

Parity ground allowed.

Chen

(49)

[2011] NSWCCA 85

GBH / GBH

PG

(15%)

5y

NPP 3y

ADKnifeNil

SNPP 7y

In company with others, assaulted V (who acted as an immigration agent) over contractual dispute – used knife to stab V in chest area – V received severe laceration to right wrist and superficial wounds to chest, abdomen and forearm - continued to kick and punch V while prostrate and bleeding heavily on floor, - planned offence – committed in company - just within mid-range

Good character.

SB

(18)

[2011] NSWCCA 95

Wound / GBHVG

7y

NPP 4y

Crown ADKnifeNil significant - on bond.

SNPP 7y

In company with AI and JB (15y 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 legs and some muscle damage around chest - below mid-range - SB acted in excessive defence of JB

Youth – rehabilitation.

Shaba

[2011] NSWCCA 154

Mal wound / GBHVG

6y

NPP 3y

AA

To backdate sentence to take into account PSC

KnifeBreached bail

SNPP 7 years

Stabbed victim at commencement of melee between two groups of males on street - knife plunged into victim's left flank penetrating through left kidney - required immediate and secondary surgery – reduced functioning in kidney

Butler

[2012] NSWCCA 23

Mal wound / GBH

 

Sched:

2 x mal wound

PG

8y 6m

NPP 5y 6m

ADLocksmith tool around fingerOffence committed 2 days after bond for assault

SNPP 7 years

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

(10%)

7y

NPP 4y

(12m concurrent)

AA

5y

NPP 3y

No weaponNil

SNPP 7 years

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 / GBHVG

9y

NPP 6y

AA

7y

NPP 4 y 6m

KnifeAssault, Mal wound, AOABH, Possess firearm

SNPP 7 years

Attended V's home with co-offender – 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

(17.5%)

8y 3m

NPP 6y

AA

6y

NPP 4y

Knife 

SNPP 7 years

"Road rage" incident – V almost collided with A – V shook his head at A's driving – further along road, A slammed brakes, got out of car and approached V yelling and screaming - verbal argument – V held piece of wood over his head to protect himself – A took knife from car and 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

(25%)

10y

NPP 7y

AA

Same effective sentence

Knifenil

SNPP 7 years

During argument with girlfriend at hotel grabbed her around neck, slapped her, dragged her towards 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 assault 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 / GBHVG

6y

NPP 3y

ADSchooner glass 

SNPP 7 years

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

(25%)

5y 3m

NPP 3y

ADNo weaponSignificant 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

(25%)

7y

NPP 3y

AD Nil

Unprovoked attack upon innocent stranger — Victim punched repeatedly to face — prone victim then kicked and stomped on 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

(25%)

6y

NPP 4y

 

Total:

6y 3m

NPP 4y 3m

Crown AA

7y 6m

NPP 5y

 

Total:

7y 9m

NPP 5y 3m

 

After High Court appeal matter returned

 

Crown AD (in exercise of discretion)

Pool ballsLengthy

SNPP 7 years

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 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 7 years

Party in street where offender's brother lived caused some disruption – offender and third brother came to house then all left in car – came across three victims who had attended party – offender hit one V to head who fell unconscious to ground – friend of V killed when he ran into oncoming car trying to escape – unplanned –unprovoked vicious attack.

Prior good character – rehabilitation prospects – remorse.

Duncombe

(21)

[2013] NSWCCA 271

GBH / GBH

 

Sched:

Affray

PG

(10%)

8y

NPP 5y

ADSledge-hammerAOABH, damage property, BES.  On parole.

SNPP 7 years

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 / GBHVG

8y

NPP 5y

AD Nil

SNPP 7 years

A arranged for 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 - fled premises leaving V behind – weapon not recovered.

(Muldrock appeal).

Ramea

[2013] NSWCCA 310

Wound / GBH

PG

(25%)

9y

NPP 6y

ADGlassPriors – breached conditional liberty

SNPP 7 years

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 / GBHVG

6y

NPP 3y 7m 6d

Crown AA

6y 8m

NPP 5y

FistBreached parole for similar offence – record for violence

SNPP 7 years

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

KnifeNot excessive

SNPP 7 years

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 / GBHVG

4y

NPP 2y

Crown AA

7y

NPP 4y

Assaultjuvenile

SNPP 7 years

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

at murder trial

7y

NPP 5y

 KnifeLengthy

SNPP 7 years

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

GBH / GBH

 

s.86(3)

PG

(10%)

9y

NPP 6y

FT 4y

 

Total:

10y

NPP 7y

ADAssaultLengthy – including violence

SNPP 7 years

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

Wound / GBH

 

Sched:

2 offences

PG

(25%)

5y

NPP 3y

ADMachetenil

SNPP 7 years

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

ADKnifeLesser assault offences

SNPP 7 years

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

Wound / GBHVG

6y 6m

NPP 3y 6m

AA

4y

NPP 2y 2m

 destroy or damage property, enter enclosed land

SNPP 7 years

Argument with acquaintance believing he 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 – (on appeal) offence at low end of seriousness

Dysfunctional upbringing - borderline intellectual deficiency.

MF

(17)

[2015] NSWCCA 283

GBH / GBH

PG

(15% + 30% for assist)

6y

NPP 3y

Crown ADAccelerant and lighterLesser offences

SNPP 7 years

Following demands of 41y violent cousin approached 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

Wound / GBHVG

7y 3m

NPP 5y

ADGlassNot 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

Wound / GBH

PG

(25%)

7y 6m

NPP 5y

ADknifePoor record - violence

SNPP 7 years

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

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

Bajouri

(30)

[2016] NSWCCA 20

GBH / GBH

 

Common assault

PG

(10%)

8y

NPP 5y

 

3m concurrent

AD Violence offences

SNPP 7 years

Punched V in face – while V lying on ground stomped on V's face – V suffered fractured facial bones - required internal fixation with plate and screw which will remain in place permanently

Ex-professional footballer – involved in car accident which ruined his career – alcohol abuse, depression

Wainwright

(32)

[2016] NSWCCA 19

GBH / GBH

 

PG

(10%)

8y 1m

NPP 5y

AD Malicious wounding

SNPP 7 years

Pushed female friend, who fell and was knocked unconscious – stomped on V's head and broke terracotta pot on V's head - V suffered significant injuries - appalling savage sustained attack - repeated assaults upon defenceless young woman lying unconscious.

Difficult upbringing.

Kennedy

(18)

[2016] NSWCCA 123

Wound / GBH

PG

(10%)

6y 6m

NPP 3y 6m

ADKnifeAssault, damage property. On bond.

SNPP 7 years

A and 15y V known to each other - V and four younger friends went to A's home at night, taunting and challenging him to come outside – A came out with knife with 10cm blade - punched V in eye, splitting his eyebrow - V walked away, A chased him and hit V again before stabbing him in arm and lower side of chest – "upper mid-range"

Substantial disadvantage - bullied at school –mental health issues.

Ngatamariki

[2016] NSWCCA 155

GBH / GBHVG

5y

NPP 3y

AD AOABH (same victim)

SNPP 7 years

Assaulted female partner – punched V to head causing five separate facial fractures – serious injuries.

Remorse – unplanned.

Campbell

[2016] NSWCCA 170

GBH / GBH

PG

(10%)

7y 2m

NPP 5y

AD  

SNPP 7 years

Assaulted male V at hotel whilst out drinking  – acquainted with each other through Thai boxing – struck V to face using elbow with great force  - used Thai boxing technique – punched V while V lying on ground – no provocation by V.

Alcohol issues.

Dong, M

(21)

 

Marial

(19)

 

Dong, A

(19)

 

Mathiang

(20)

 

[2016] CCA 195

GBH / GBH

PG

(10%)

2y suspended - enter GBB 2y.

Crown AD

(exercise of discretion)

Fence palingsNil

SNPP 7 years

Assaulted older male V - V had been arguing with and assaulting females in families of offenders – offenders came to talk with V – V attacked offenders with stick – offenders responded by attacking V with fence palings that were lying nearby - returned to V and recommenced attack – V unconscious, suffered fractures to head and jawbone requiring surgery – sustained attack – not premeditated.

Each offender of good character – students – from troubled overseas country – rehabilitation

Discretion to dismiss because each offender showed successful rehabilitation in 3 years since offence – Crown position at sentence

Lulham

(40)

[2016] NSWCCA 287

Wound / GBH

PG

(25%)

2y

NPP 1m 13d

Crown AD

(exercise of discretion)

HammerJuvenile

SNPP 7 years

Lived with friend and her mother for many years – became angry at husband of mother upon discovering he had been mistreating mother and sexually assaulting friend – smashed property and car of V with hammer – hit V twice on head with hammer – developing tension in household – degree of planning – injuries not serious

After difficult childhood and period of homelessness came to live with female friend and her mother at 18y – developed protective feelings towards friend and her mother – anger management problems – accepted responsibility and genuine contrition – discretion to dismiss based on expiry of NPP and evidence of rehabilitation

Drew

[2016] NSWCCA 310

Wound / GBH

 

Breach ADVO

PG

(10%)

12y 6m

NPP 9y 4m

ADKnifeIncludes 35y of violence including domestic abuse of several partners

SNPP 7 years

Stabbed partner twice in stomach – pursued her out of house on to road – sustained and prolonged attack – life threatening although not permanent injuries – context of domestic violence – ADVO related to hitting victim over head with wood, stabbing in both legs and detaining in bedroom – made serious threats – intoxicated - in home of victim

Aboriginal – deprived background –poor health

Vaiusu

(25)

[2017] NSWCCA 71

Wound / GBH

 

PG

(25%)

2y 3m

NPP 1y 2m

ADBroken glass.Nil.  Driving offences only.

SNPP 7 years

Female offender – male victim married to A's sister – stabbed V in neck three times with glass from broken beer bottle – mistakenly thought that V had purposely hit A's sister - below mid-range objective seriousness.

Suffering major depressive order at time of offending - remorse – forgiven by V and A's sister – good rehabilitation prospects.

AB

(20)

[2017] NSWCCA 88

GBH / GBH

PG

(20% - 25% assist)

6y 8m

NPP 3y

Crown AA

6y 8m

NPP 4y 4m

Baseball bat – kickingBreach bond for affray – other minor offences

SNPP 7 years

Assaulted ex-boyfriend of wife after learning of affair – in company with co-offender in park using baseball bat and kicking victim in head – permanent and significant physical and cognitive injuries -  planned offence – well above mid-range

Born in Iraq – traumatic childhood – some psychiatric conditions

Last updated 8 May 2017

 

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